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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Eknath Namdev Lashkare – Appellant
Versus
Pancharatna Properties – Respondent
| Table of Content |
|---|
| 1. common judgment on multiple writ petitions with identical issues. (Para 1 , 2) |
| 2. background regarding the dispute related to cooperative society's property. (Para 3 , 5) |
| 3. arguments on jurisdiction and authority of the administrator. (Para 6 , 7 , 8) |
| 4. jurisdiction based on claims directly touching society's management. (Para 10 , 11 , 12 , 13) |
| 5. determining agency relationships must consider the society's authority. (Para 19 , 20 , 21 , 29) |
| 6. final order reinstates jurisdiction with cooperative court to fully resolve the dispute. (Para 39 , 40 , 41) |
JUDGMENT :
AMIT BORKAR, J.
1. Since the issues of fact and law involved in all these writ petitions are identical, they are being decided together by this common judgment.
2. The petitioners have approached this Court to challenge the judgment and order dated 30 November 2019 passed by the Cooperative Appellate Court. By the said order, the revision application filed by respondent Nos.1 to 6 was allowed. The Appellate Court set aside the order of the Cooperative Court which had rejected the respondents’ application seeking dismissal of the dispute for want of jurisdiction. The Appellate Court held that the Cooperative Co
The jurisdiction to hear cooperative disputes lies with the Cooperative Court when the matters directly impact the society's business and management.
Jurisdiction and maintainability in cooperative disputes depend on specific statutes and bylaws; a cooperative court retains authority to hear disputes related to member resolutions unless explicitly....
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....
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
The court clarified that statutory bar under Order VII Rule 11(d) requires clear prohibition for dismissal, emphasizing the distinction between jurisdiction and maintainability.
Civil courts maintain jurisdiction over disputes involving cooperative society resolutions, clarifying that maintainability isn't limited by cooperative statutes.
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....
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.
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