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2013 Supreme(Bom) 2010

A.B.CHAUDHARI, Z.A.HAQ
Anil s/o Wamanrao Gawande – Appellant
Versus
Mahalaxmi Railway Karmachari Sahakari – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Anil Mardikar, Advocate.
For the Respondents:R1, A.H. Patil, Advocate, R2 to R4, S.M. Ghodeswar, A.G.P.

Judgment :

1. Appellant is the original disputant before the Cooperative Court, Amravati whose dispute against the respondents was registered as R. A. M. Case No.198/1992 and is challenging the judgment and order made by the learned Single Judge of this Court dated 18.06.2002 in Writ Petition No.3916/2001 by which, it was held that the dispute filed by the appellant under section 91 of the Maharashtra Cooperative Societies Act (for short the 'MCS Act') was not maintainable.

FACTS:

2. The appellant, being a member of the Cooperative Housing Society, filed a dispute before the Cooperative Court, Amravati stating therein that though he paid all the amounts to the society for getting a plot from the society, he was not being given the plot and the possession thereof despite his repeated demands and despite making of the payments due. The Society, however, cancelled his membership and issued a letter to that effect received by him on 22.11.1991 and that the membership was cancelled for false reason and only due to the increase in prices of the plots. He, therefore, prayed for reliefs that he is a member of the society and the resolution passed by the Society to remove him from membershi









































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