Abhay Narayan Raje vs Kala Hanuman Urban Co Operative Credit ...
Counsel (3)
Case Significance
Abhay Narayan Raje vs Kala Hanuman Urban Co Operative Credit ... is a Bombay High Court decision dated December 20, 2024 (citation: ik-28931093). The petitioner challenged a cooperative credit society's recovery proceedings arguing that the decree was passed beyond the limitation period and was therefore a nullity. The Bombay High Court (Aurangabad Bench) held that while limitation is a jurisdictional issue, an order passed beyond limitation is not void ab initio but merely voidable and must be challenged in appropriate proceedings — it cannot be raised as an objection in execution proceedings. The writ petition was dismissed. The bench comprised Justices Rohit W. Joshi and Vibha V. Kankanwadi. The judgment was delivered by Justice Rohit W. Joshi. Counsel appearing: N. R. Dayama (counsel for respondent), R. N. Dhorde (counsel for petitioner), V. R. Dhorde (counsel for petitioner).
Summary
The petitioner challenged a cooperative credit society's recovery proceedings arguing that the decree was passed beyond the limitation period and was therefore a nullity. The Bombay High Court (Aurangabad Bench) held that while limitation is a jurisdictional issue, an order passed beyond limitation is not void ab initio but merely voidable and must be challenged in appropriate proceedings — it cannot be raised as an objection in execution proceedings. The writ petition was dismissed.
What was the outcome of Abhay Narayan Raje vs Kala Hanuman Urban Co Operative Credit ...?
The petitioner challenged a cooperative credit society's recovery proceedings arguing that the decree was passed beyond the limitation period and was therefore a nullity. The Bombay High Court (Aurang...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-28931093)