*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8317/2009 Dnyandeep Credit Co-operative Society Limited and others. ..Petitioners -VERSUS- Chandrasen Vilasrao Bartakke. ..Respondent ............... Mr.R.D.Suryawanshi, Advocate for the Petitioners. Mr.S.S.Kulkarni, Advocate for the Respondent. ............... CORAM: A.P. DESHPANDE, J. Dated 07th December, 2009. PC:- 1 Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2 The present Petitioner which is a credit co-operative society has raised a plea, in the suit filed by the Respondent/ Plaintiff, of bar of Section 163 of the Maharashtra Co-operative Societies Act, 1960 to the maintainability of the suit. The Petitioner urged the Trial Court to frame a preliminary issue. 3 After hearing the learned counsel for the respective parties for quite sometime, both the counsel are in agreement that the Trial Court be directed to frame the issue touching bar of Section 163 of the MCS Act, 1960 and the said issue ought to be decided along with other issues. *2* 4 Perused the impugned order. In view of concession made available by the learned counsel for the respective parties about framing of issue and its decision along with other issues, Writ Petition is partly allowed. The Trial Court is directed to frame a issue as to whether the suit is maintainable in view of bar under Section 163 of the Maharashtra Co-operative Societies Act, 1960 and shall proceed to decide the said issue in accordance with law along with other issues. Rule made absolute accordingly. Writ Petition is disposed of. (A.P. Deshpande, J)