2002 Supreme(Bom) 1102

IN THE HIGH COURT OF BOMBAY
Khanwilkar A.M., J.
Shankar Y. Gavli .... Petitioner.
Versus
Vishakha Sadan Co-operative
Housing Society another.... Respondents.
Writ Petition No. 895 of 2002, decided on 9-10-2002.
Advocates appeared :
Ms. Varsha Palav with Rupesh Nalawade, for petitioner.
M.G. Gawde, for respondent No. 1.

Headnote:Maharashtra Co-operative Societies Act, 1960 - Section 91 - Cooperative Court - Jurisdiction of - Disputes - Tran- saction pertains to period prior to registration of Society - Claim of amounts spent by petitioner till date of registration - Cannot be subject-matter of dispute within meaning of Section 91 of Act - Relief under Section 91 of the Act not available to petitioner. - If the transaction pertains to period prior to the registration of the society such a transaction cannot be subject-matter of dispute within the meaning of Section 91 of the Act. Going by the averments made in the plaint, the Appellate Court has rightly taken the view that the relief in terms of prayer Clause (bb) was obviously in relation to claim for amounts spent by the petitioner till the date of registration. If that be so, that relief was not available under Section 91 of the Act.

       Maharashtra Co-operative Societies Act, 1960 - Section 91 - Jurisdiction of Co-operative Court - Dispute existing even prior to registration of society - Whether Co-operative Court has jurisdiction to decide it - Co-operative Court allowed certain reliefs - But Appellate Court rejected application - Ground taken that dispute was pre- existing so the Co-operative Court cannot entertain it - Held - The Society is now a registered one and has itself jurisdiction to consider the case - Co-operative Court shall have sufficient jurisdiction to deal with it - Some items were considerable whereas some prior to registration were not referable. - In so far as prayer clause (b) is concerned, it is not in dispute that the Co-operative Court had granted injunction against the respondent No. 2. The Appellate Court, however, proceeded to hold that the entire dispute was not maintainable. On close examination of the reasons recorded by the Appellate Court it would appear that it was impressed by the fact that the expenses incurred and claimed in the dispute pertained to period prior to the date of registration of the society. However, that reason may be valid or relevant for considering reliefs (bb) and (bbb) but not for the reliefs (a) and (b). There is no cogent reason assigned by the Appellate Court as to why reliefs (a) and (b) was also not maintainable under Section 91 of the Act. It is now pointed out that it will not be necessary to consider relief (b) since the respondent No. 1 has already entered into transaction with the builder for developing the subject property. However, since Court is inclined to remand the matter to the Appellate Court that Court may consider the efficacy of that aspect of the matter. The Appellate Court was right in taking the view that reliefs claimed in terms of prayer clause (bb) or for that matter prayer clause (bbb) were not within the jurisdiction of the Co-operative Court in terms of Section 91 of the Act. The Appellate Court is right in observing that once the society is registered there is no question of going into that issue. Besides, the counsel for the respondent no doubt relied on the fact that the application for registration of the society does not indicate that the petitioner has signed the same either as the chief promoter or as member thereof. However, it is not necessary to go into that aspect of the matter as it is well- settled that for examining the question of jurisdiction the Court has to look only at the plaint and decide the issue on the basis of the averments in the plaint. In the present case, from the averments in the plaint prima facie, it is possible to take the view that the Co-operative Court would have jurisdiction to try and decide the claim set up in the dispute atleast in terms of reliefs (a) and (b).

       Maharashtra Co-operative Societies Act, 1960 - Section 91 - Dispute under. - Transaction pertaining to period prior to registration of society, cannot be subject-matter of dispute under Section 91 of Maharashtra Cooperative Society Act.