1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.6926 OF 2006 NO.6926 OF 2006 NO.6926 OF 2006 Sangamner Sangamner Sangamner Taluka Sahakari Dudh Taluka Sahakari Dudh Taluka Sahakari Dudh Utpadak Utpadak Utpadak and and and Prakriya Sangh Maryadit.Petitioner Prakriya Sangh Maryadit.Petitioner Prakriya Sangh Maryadit.Petitioner vs vs vs Behram Behram Behram Keki Irani Keki Irani Keki Irani ...... Respondent Respondent Respondent Mr.K.Y.Mandlik Mr.K.Y.Mandlik Mr.K.Y.Mandlik for for for Petitioner Petitioner Petitioner Mr.R.M.Vasudeo Mr.R.M.Vasudeo Mr.R.M.Vasudeo for Respondent for Respondent for Respondent CORAM CORAM CORAM : : : S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J DATED DATED DATED : : : 7th February, 2008 7th February, 2008 7th February, 2008 P.C. P.C. P.C. 1.1.1. The Writ Petition challenges an order passed by The Writ Petition challenges an order passed by The Writ Petition challenges an order passed by the the the Civil Court holding that the suit is Civil Court holding that the suit is Civil Court holding that the suit is maintainable maintainable maintainable and that it has territorial and that it has territorial and that it has territorial jurisdiction jurisdiction jurisdiction to try the same. The order is to try the same. The order is to try the same. The order is questioned questioned questioned by the aggrieved defendant. The by the aggrieved defendant. The by the aggrieved defendant. The original original original plaintiff has filed a suit in the Civil plaintiff has filed a suit in the Civil plaintiff has filed a suit in the Civil Court Court Court to recover a sum of Rs.2,12,583/- on the to recover a sum of Rs.2,12,583/- on the to recover a sum of Rs.2,12,583/- on the basis basis basis of an agreement dated 16th December, 1994. of an agreement dated 16th December, 1994. of an agreement dated 16th December, 1994. 2.2.2. The issue as to whether the trial Court has The issue as to whether the trial Court has The issue as to whether the trial Court has territorial territorial territorial jurisdiction or not is rendered purely jurisdiction or not is rendered purely jurisdiction or not is rendered purely academic. academic. academic. 3.3.3. After the contents of the agreement were After the contents of the agreement were After the contents of the agreement were referred referred referred to and attention of the learned counsel to and attention of the learned counsel to and attention of the learned counsel Mr.Vasudeo Mr.Vasudeo Mr.Vasudeo was invited to the same, he has fairly was invited to the same, he has fairly was invited to the same, he has fairly conceded conceded conceded that considering the nature of the that considering the nature of the that considering the nature of the agreement agreement agreement and and and the judgment of this Court in Lakhani the judgment of this Court in Lakhani the judgment of this Court in Lakhani Kharedi Kharedi Kharedi Vikri Sangh vs Moreshwar reported in AIR Vikri Sangh vs Moreshwar reported in AIR Vikri Sangh vs Moreshwar reported in AIR 1978 1978 1978 BOMBAY 273, the Civil Court would not have BOMBAY 273, the Civil Court would not have BOMBAY 273, the Civil Court would not have 2 Jurisdiction Jurisdiction Jurisdiction to entertain and try the suit. He, to entertain and try the suit. He, to entertain and try the suit. He, therefore, therefore, therefore, has no objection if this suit is has no objection if this suit is has no objection if this suit is transferred transferred transferred to the competent Cooperative Court. to the competent Cooperative Court. to the competent Cooperative Court. 4.4.4. In the light of this statement and the law laid In the light of this statement and the law laid In the light of this statement and the law laid down down down by this Court, the order dated 16th January, by this Court, the order dated 16th January, by this Court, the order dated 16th January, 2001 2001 2001 below Exhibit 16 in Special Civil Suit No.239 below Exhibit 16 in Special Civil Suit No.239 below Exhibit 16 in Special Civil Suit No.239 of of of 1999 is quashed and set aside. The suit shall 1999 is quashed and set aside. The suit shall 1999 is quashed and set aside. The suit shall now now now stand stand stand be transferred to a competent Cooperative be transferred to a competent Cooperative be transferred to a competent Cooperative Court Court Court and would be treated as a Dispute filed by and would be treated as a Dispute filed by and would be treated as a Dispute filed by the the the Respondent before me. The Cooperative Court Respondent before me. The Cooperative Court Respondent before me. The Cooperative Court shall shall shall exercise exercise exercise Jurisdiction under section 91 of the Jurisdiction under section 91 of the Jurisdiction under section 91 of the Maharashtra Maharashtra Maharashtra Cooperative Societies Act and dispose Cooperative Societies Act and dispose Cooperative Societies Act and dispose of of of the Dispute as expeditiously as possible and the Dispute as expeditiously as possible and the Dispute as expeditiously as possible and within within within a period of six months from the date the a period of six months from the date the a period of six months from the date the same same same is transferred. All contentions on merits are is transferred. All contentions on merits are is transferred. All contentions on merits are kept kept kept open. open. open. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J)