1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 290 OF 1994 Maharashtra State Road Transport Corporation, Nanded Division, Asadullabad Estate, Nanded, Through its Divisional Controller, Dadaji S/o Laxman Thakur, Age : 46 years, Occ : Service as Divisional Controller, S.T. Division, Nanded, R/o Nanded. Appellant V/s 1. Indira Sahakari Majdoor Sanstha Ltd., Udgaon West, Patil Galli, Miraj Through its President Chairman named Shankar S/o Gura-ppa Kattire, Age : Major, R/o As above. 2. Liquidator, Indra Sahakari Mazdoor Sanstha Ltd., Udgaon West, Patil Galli, Miraj Through its Present Liquidator Named R. B. Kore, Bank Inspector, Sangli District Central Co-op. Bank Ltd., Sangli, Age : Major, Occ : Service, R/o Sangli. Respondents ------------------------------------------------------------------------------------------------------- Mr. M. K. Goyaka, Advocate for the appellant. ------------------------------------------------------------------------------------------------------ 2 (CORAM : R.K. DESHPANDE, J.) DATE : 5th September, 2009. ORAL JUDGMENT : 1. This appeal challenges the judgment and order dated 13.08.1993 passed by the learned Joint Civil Judge, Senior Division, Nanded dismissing the Special Civil Suit No.7/1990 filed by the appellant for recovery of amount of Rs.2,39,740.79 from the Respondent No.1 Indira Sahakari Majdoor Sanstha which is a Co-operative society registered under the Maharashtra Co-operative Societies Act, 1960. The suit has been dismissed by the Trial Court on the ground that, there is complete bar under section 107 of the Civil Procedure Code for Civil Court to take cognizance of any matter connected with the winding up or dissolution of a society under this Act. The Trial Court has observed in para no.16 of the Judgment that, the permission was sought as required under section 107 of the Maharashtra Co-operative Societies Act, 1960 from the Joint Registrar, Co-operative Societies, Pune which has been refused. The said order is placed on record at Exhibit-42. It has further held that, when the Society goes in liquidation, the Liquidator appointed by the Competent Authority has to prepare a list containing the assets of the society, names of the debtors of the society, names of the creditors of the society etc. The Liquidator has to first pay off the creditors of the society. The money, which remains after clearing the debts, would go to the society. It has been 3 further observed that, the plaintiff had putforward the claim before the Liquidator for recovery of amount from the Respondent Society. 2. I have gone through the provisions of section 103, 105 and 107 of the M.C.S. Act with the assistance of the learned Counsel for the appellant. The bar under section 107 is very clear. It is not in dispute that, the respondent no.1 society is under Liquidation and no permission as required by section 107 of the M.C.S. Act is granted by the Registrar, Co- operative Societies for filing the suit. The respondent society has already preferred its claim before the Liquidator and in view of this undisputed factual position on record, the Trial Court has right in holding that, the suit was barred by section 107 of the Maharashtra Co-operative Societies Act, 1960. 3. In view of above, there is no substance in this Appeal, same is therefore dismissed without any order as to costs. (R.K. DESHPANDE) JUDGE GAS/fa290.94