FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.1425 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr M.L.Patil, for the petitioner. Mr.C.J.Sawant, senior counsel i/b Mr V.C.Ghosalkar, for the respondents. CORAM: D.B.Bhosale,J. DATED: 18.03.2008 P.C.: Heard Mr Patil, learned counsel for the petitioner and Mr Sawant, learned senior counsel, for the respondents. This matter was heard for some time. Learned counsel for the parties have fairly stated that I need not record reasons and they have agreed for the following order: (a) The respondents, while seeking unconditional leave to defend the suit, amongst other, have raised the following two issues: the respondent being a registered co-operative society under the Maharashtra Co-operative Societies Act, 1960 (for short, "the Act") whether the disputes between the petitioner and the respondent-society require reference as contemplated by section 91 of the Act to a Co-operative Court and that the civil court has no jurisdiction to try and entertain the summary suit; and whether under clause 59 of the tender, the dispute between the petitioner and the respondents requires to be settled through arbitration and that the present suit is barred by the provisions of Arbitration and Conciliation Act,1950. Mr Sawant, learned senior counsel for the respondent, on instructions, submits that the respondents shall not raise these issues in the suit. Statement of Mr Sawant is accepted. In view thereof, while dealing with the suit the trial Court shall not enter into the questions whether the dispute in the suit needs to be referred under section 91 of the Act and whether it requires reference to the arbitration. (b) The trial Court shall endeavour to dispose of the suit as expeditiously as possible and preferably within a period of eight months from the date of receipt of this order on merits in accordance with law. Parties are directed to co-operate for disposal of the suit within the timeframe. With these observations, the writ petition is disposed of. (D.B.Bhosale, J.) ‘