1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7160 OF 2009 Indira Sahkari Bank Ltd. Aurangabad (Under Liquidation) Through its Liquidator In front of M.G.M. Hospital, Aurangabad. ....Petitioner. Versus State Bank of Hydrabad, Shahgunj Branch Shahgunj, Aurangabad Through its Chief Manager ....Respondent. Shri. H.S. Bedi, Advocate for the petitioner. Shri. L.D. Vakil, Advocate for the respondent. CORAM : R.M. BORDE, J. DATE : 18th March, 2010 ORAL ORDER : 1. The petitioner is raising exception to the order passed by the Co-operative Appellate Court in appeal No. 64/2008 decided on 21.8.2009. 2. The respondent/original disputant filed a dispute bearing ACR No. 474/98 of 1998 before the Co-operative Court at Aurangabad, 2 claiming recovery of amount of Rs. 1,47,91,344.35 ps. along with interest. On presentation of the dispute, the respondents caused their appearance suo-moto and objected to the entertainability of the dispute on the ground that section 91 of the Maharashtra Co-operative Societies Act does not contemplate settlement of dispute between the member and the non member. The preliminary issue in that regard was framed by the Co-operative Court and after hearing both the parties, the learned Judge of the Co-operative Court reached to the conclusion that the dispute is covered by sub-section 1(c) of section 91 of the Maharashtra Co-operative Societies Act and is, therefore, maintainable. Against the order passed by the Co-operative Court, appeal bearing 118/2001 was presented by the petitioner herein to the Co-operative Appellate Court which was decided by the Co-operative Appellate Court on 16.1.2002 and the same came to be dismissed. 3. It is stated by the counsel appearing for the respondent that against the said order a review application was presented to the Co- operative Appellate Court, however, the same was not entertained. During the second round, the learned Judge of the Co-operative Court again took up the issue in respect of the maintainability of the dispute under section 91, as the claim raised in the dispute is more than Rs. 10,00,000/-. Considering the contentions of the rival parties, the learned Judge of the Co-operative Court in view of order passed on 16.1.2002 allowed the objection and directed to return of the dispute for 3 presentation to appropriate authority. The order passed by the Co- operative Court was again subjected to challenge before the Co- operative Appellate Court at the instance of respondents. The appeal, however, came to be allowed and order passed by Co-operative Court came to be quashed and set aside. The said order passed by the Co- operative Appellate Court is subject matter of challenge in this petition. 4. I have heard learned counsel appearing for the respective parties. Shri. Bedi, learned counsel appearing for the petitioner contends that dispute is not entertainable in view of section 91(1) of the Maharashtra Co-operative Societies Act as the respondent - Nationalized Bank/ disputant is not the member of the society. Another objection is raised on the basis of section 107 of the Maharashtra Co-operative Societies Act. It is contended that no leave as contemplated by section 107 is secured by the disputant and as such, the dispute is not entertainable. 5. So far as the first objection in respect of entertainability of the dispute under section 91 is concerned, the said issue has already attained finality in view of decision of the Co-operative Appellate Court in appeal No. 118/2001 decided on 16.1.2002. The petitioner herein had raised challenge to the order passed by the Co-operative Appellate Court by presenting review application. However, said review application came to be rejected. No further challenge was raised to the orders passed therein. So far as the objection as regards entertainability of the dispute 4 on account of pecuniary jurisdiction is concerned, the issue is settled in view of decision rendered by this Court which has been confirmed by the Apex Court. The dispute in respect of recovery of amount of more than Rs. 10,00,000/- is entertainable with the Co-operative Court. So far as, the another objection as based on section 107 of Maharashtra Co- operative Societies Act is concerned, it is pointed out by the learned counsel appearing for the respondents that an application is already presented seeking leave of the Registrar. The grant of leave as contemplated by section 107 of the Maharashtra Co-operative Societies Act is merely a matter of formality and once the application is presented the Registrar is bound to grant leave. 6. In this view of the matter, the objections raised by the petitioner in respect of the entertainability of the dispute are devoid of substance and the objection raised have been rightly adjudicated upon by the Co- operative Court. There is no substance in the petition. The petition, therefore, stands rejected. [ R.M. BORDE, J. ] ssc/wp7160.09