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GAURI GODSE
Madhukar Mahadev Patil – Appellant
Versus
Sangli Zilla Madhyawarti Sahakari Bank Ltd. – Respondent
JUDGMENT :
(Gauri Godse, J.) :
BASIC FACTS:
1. This petition challenges the dismissal of the appeal arising from the Judgment and Award passed by the Cooperative Appellate Court in a dispute filed by the petitioner. The petitioner had filed a dispute under Section 91 of The Maharashtra Co-operative Societies Act, 1960 (“MCS Act”) to challenge the petitioner’s termination. The petitioner had prayed for reinstatement and compensation in lieu of illegal termination. The dispute was dismissed. Hence, the petitioner had filed an appeal before the Co-operative Appellate Court. The appeal was also dismissed. Hence, the present petition.
2. This Court issued notice to the respondent; however, after service of notice when the petition came up for hearing, learned counsel for the petitioner, in all fairness, pointed out that the present dispute would be covered by the legal principles laid down by the Hon’ble Supreme Court in the case of Maharashtra State Co- operative Housing Finance Corporation Limited Vs Prabhakar Sitaram Bhadange, (2017) 5 SCC 623. He submitted that the Apex Court dealt with the issue regarding the jurisdiction of the Co-operative Court under Section 91 of the MCS Act for d
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
The jurisdiction to hear cooperative disputes lies with the Cooperative Court when the matters directly impact the society's business and management.
The management of a co-operative society includes the recovery of its assets, and disputes regarding such recovery fall within the jurisdiction of the Co-operative Court under Section 91 of the Mahar....
High Court cannot in exercise of its power under Article 226 of the Constitution of India can direct the bank to positively consider the benefit of one time settlement to writ petitioner.
The court clarified that statutory bar under Order VII Rule 11(d) requires clear prohibition for dismissal, emphasizing the distinction between jurisdiction and maintainability.
The jurisdiction of Civil Courts is ousted in disputes concerning cooperative societies, which must be adjudicated by the Registrar according to Section 102 of the West Bengal Cooperative Societies A....
The court established that authorization to file a dispute under the Maharashtra Co-operative Societies Act does not require strict adherence to procedural formalities, and that defects in authorizat....
Workmen of cooperative societies can raise industrial disputes under the U.P. Industrial Disputes Act, 1947, despite being governed by cooperative regulations.
The court confirmed that guarantors are liable under the Maharashtra Cooperative Societies Act, and disputes against them are maintainable despite limitation challenges.
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