1 cra391.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Revision Application No. 391 of 2010 Manager @ Special Recovery Officer Shriram Sahakari Bank Ltd. ... Applicant v/s. Smt. Siddhi Shevantilal Shah & ors. ... Respondents Mr. Rameshwar Gite for the applicant. Mrs. S.V. Sadavarte-AGP for respondent no. 3. Mr. J.S. Kini i/b. Suresh Dubey for respondents 1 & 2. CORAM:- B.R. GAVAI, J DATED :- MARCH 21, 2011. P.C. The present petition challenges the order dated 15th January, 2009 vide which the learned Joint Civil Judge, Senior Divison, Nashik has rejected the preliminary objection raised by the present petitioner regarding the jurisdiction of the civil Court to entertain the suit. It is the contention of the petitioner that in view of the provisions of Section 163 (3) and Rule 107 of the Maharashtra Cooperative Societies Act, the suit was not tenable. 2 cra391.10.sxw 2. Admittedly, the plaintiff is not a party to the proceedings initiated by the present petitioner under Section 101 of the said Act. In that view of the matter, in view of the Judgment of the Division Bench of this Court in any case of Ambajogai Peoples Co-operative Bank Ltd. Ambajogai v/s. Shrimauli Builders, Pune & ors. reported in 2008(4) Mh. L.J. wherein it has been held that bar of jurisdiction under Section 163 would not apply to the party who is stranger to the proceedings under Section 101. 3. In that view of the matter, order passed by the learned trial Court which has been passed in view of Judgment of Division Bench of this Court cited (supra) call for no interference. Rejected. (B.R. GAVAI, J)