Bay City Resorts Private Limited was formed by opposite parties No.2, 3 and 4 with a promise to provide facilities of swimming pool, gymanasium, health club, indoor games, card room, squash court, tennis court etc. to its members. Bay City Welfare Society along with its members became member of the said club and paid the
-2- membership fee. Bay City Resorts Private Limited took a loan of Rs.5 Crores from Greater Bombay Co-operative Bank Limited against mortgaging the club building/property. As it could not repay the loan, the club was sealed under a court order. Later on complainant/respondent no.2 filed the winding up petition before the State Commission, Maharashtra. The same was admitted and was made returnable for 30.04.2005. In the meantime loan taken by the Bay City Club was cleared. M/s Shaila Clubs & Resorts Private Limited, petitioner herein, paid the said loan and opened the club. The club, thereafter, started functioning. Complainants filed the complaint before the State Commission claiming relief Rs.99,50,000/- under Prayer ‘A’ whereas Under Prayer B, they claimed Rs.1 Crore. Since the amount claimed in the complaint was more than Rs.One Crore, petitioner has filed the present revision petitions. According to learned counsel for the petitioner, since the State Commission did not have the pecuniary jurisdiction to entertain the complaint any application arising in the said complaint would also not
-3- been entertained by the State Commission because of lack of jurisdiction. Counsel for the respondent fairly concedes that the objection taken by the petitioner is technically speaking correct. He states that the respondent be permitted to withdraw the complaint with liberty to file a fresh complaint in accordance with law. After hearing counsel for the parties, we permit the respondents/complainants to withdraw the complaint. Complaint is dismissed as withdrawn with liberty to the respondents to file a fresh complaint within a period of eight weeks from today. In case respondents/complainants file a fresh complaint within eight weeks, the period spent from filing the complaint till the expiry of eight weeks from today be excluded for the purpose of counting the limitation. Petitioner would be at liberty to raise the objection regarding the limitation if the original complaint filed was beyond the period of limitation. All contentions are left open. Since the respondents filed the complaint in the year 2006 we would request the State Commission to dispose of the fresh
-4- complaint filed by the respondents/complainants as expeditiously as possible and preferably within a period of four months from the date of filing the complaint. | 
