Mrs. Sharadini Sharad Rane v. Chairman, Lokmanya Nagri Sahakari Patsanstha Maryadit And ORS.

DSS 44-wp-10091-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10091 OF 2014 Mrs. Sharadini S. Rane .. Petitioner vs.

Chairman, Lokmanya Nagri Sahakari Patsanstha Maryadit and ors.

.. Respondents Mr. Sunil G. Karandikar for the Petitioner.

CORAM :

M. S. SONAK, J.

DATE : 18 JANUARY 2016.

P.C. :­ 1] The challenge in this petition is to the order dated 19 June 2014, by which, the Petitioner has objected to the maintainability of the proceedings before the Cooperative Court, on the ground that such proceedings were barred by law of limitation. 2] Both the Cooperative Court as well as the Appellate Court, have held that the issue of limitation in this case is a mixed question of fact and law and therefore, the same can be considered alongwith other issues, which arise in the proceedings. There is no jurisdictional error in the approach adopted by the two Courts. 3] Accordingly, this petition is dismissed. There shall, however, be no order as to costs.

(M. S. SONAK, J.) dinesh 1/1