1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1389 OF 2009 Jalgaon Zilla Maratha Vidya Prasaarak Sahakari Samaj Limited Jalgaon and others. .. Petitioners Versus Ashok s/o. Raghunath Gadakh .. Respondents --- Mr. V.D. Hon, Advocate for the petitioners. Mr. G.V.Wani, Advocate for the respondent. CORAM : B.R. GAVAI, J. DATE : 20TH AUGUST, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenges the order dated 4th October, 2008, passed by the Jt. Civil Judge (S.D.) Jalgaon, vide which the objection filed by the present petitioner regarding jurisdiction of the Civil Court in Execution Proceedings is rejected. 2 2] The respondent herein was working in the petitioner No.3 college run by the petitioner NO.1 society. The respondent employee was appointed on 14th June, 1990. The respondent was thereafter transferred from one college to another and lastly the petitioner was working with the petitioner No.3 college till 31st August, 1994. However, the respondent resigned from service and his resignation was accepted and he was relieved from service w.e.f. 31st August. 1994. 3] Since the salary of the respondent for the period between 1990 to 1994 was not paid, the respondent was required to send a notice. In spite of notice, as the dues were not paid, the respondent was required to file a suit. The said suit came to be decreed. Though inspite of being served and the lawyer being engaged, the suit was not contested on behalf of the petitioner. The decree was passed on 3rd September, 2002. 4] Since the decree was not given effect to, by the petitioner, a Darkhast came to be filed by the respondent/employee. In the said Darkhast, an objection came to be filed by the present petitioners, on the ground that the civil court had no jurisdiction in view of Section 91 of the Maharashtra Cooperative Societies Act. The said petition is rejected. Hence, the present petition. 5] Shri Hon, the learned counsel appearing on behalf of the petitioners submits that the issue of jurisdiction goes to the root of the matter. He submits that due to the infighting between the 2 groups of the management, the suit was not resisted before the civil 3 court . He submits that since the issue of jurisdiction goes to the root of the matter, the same could be raised any time. He further submits that since the decree is without jurisdiction, it is a nullity and the learned Executing Court ought to have taken into consideration this fact and allowed the objection. 6] Shri Wani, learned counsel for the respondent vehemently opposed the petition. 7] Perusal of the impugned order would reveal that the suit filed by the respondent was a suit simplicitor for recovery of his salary. It has been found that the claim of the respondent was not covered by the expression “touching the management or business of the society”. Undisputedly, the petitioner No.1 apart from being a registered cooperative society is also registered as a Trust under the provisions of the Bombay Public Trust Act. It is also not in dispute that the respondent No.3 college is duly affiliated to the North Maharashtra University and is running under the valid permission of the Government of Maharashtra. No doubt, that the question of jurisdiction goes to the root of the matter and a decree without jurisdiction would be a nullity. However, from the perusal of the imugned order, it reveals that the learned Executing Court has given sound and cogent reasons as to why the claim of the respondent employee cannot be said to be “touching the management or business of the society”. In that view o the matter, no perversity could be found with the approach adopted, so as to warrant interference under Article 227 of the Constitution of India. Hence, the writ petition is rejected. 4 8] The amount which is deposited in this court shall be remitted by the Registry of this court to the Executing Court, within a period of 2 weeks from today. On such amount being remitted, the Executing Court shall permit the respondent herein ( applicant in the execution petition) to withdraw the said amount. [B.R. GAVAI, J.] grt/