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Home Cooperative Queries

Query from Yogi Shah

Mr. I C Naik by Mr. I C Naik
April 26, 2018
in Cooperative Queries
0
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I have read your article on debt older than 3 years is considered time barred.

This also applies to COOP HSG SOCIETY IN MUMBAI?

Thanking you and awaiting your prompt reply

I C Naik

The M C S Act 1960 provides for internal dispute settlement through Cooperative Court under Chapter IX settlement of disputes s91- s101.

Section 91 covers certain disputes one kind in that is:

(i) a claim by or against a society for any debt or demand due to it from a member or due from it to a member, past member or the nominee, heir or legal representative of a deceased member, or servant for employee whether such a debt or demand be admitted or  not;

Section 92 clarifies that:

 ( 1) Notwithstanding anything in the Limitation Act, 1963, but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Co-operative Court under the last preceding section shall–

(a) when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof be computed form the date on which such member dies or ceases to be a member of the society;

So no time barring as long as member is alive.

Tags: CHScooperativehousing societymemberMmebers
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