Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Sudhakar Hanumant Pawar – Appellant
Versus
Hon’ble Divisional Joint Registrar Co-operative Societies – Respondent
| Table of Content |
|---|
| 1. petition questions authority's order remanding cases. (Para 1 , 2 , 3) |
| 2. claim limited; merits of remand challenged. (Para 4) |
| 3. section 92 limits disputes to co-op court. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. section 154b-29 allows rapid recovery outside co-op court. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. precedents confirm section 92 inapplicable to section 154b-29. (Para 17 , 18 , 19) |
| 6. writ petition lacks merit; dismissed. (Para 20) |
JUDGMENT :
AMIT BORKAR, J.
1. By the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner calls in question the judgment and order passed in Revision Application No. 93 of 2024. By the said order, the Revisional Authority has remanded the proceedings to the District Deputy Registrar for a fresh decision under Section 154B-29 of the Maharashtra Co-operative Societies Act, 1960.
2. The facts giving rise to the present petition are not in dispute. On 24 September 2021, Respondent No. 3 instituted Recovery Application No. 703 of 2021 before Respondent No. 2, claiming an amount of Rs. 3,12,045/- from the petitioner. The petitioner filed his reply and opposed the claim on the ground of limitation. He sp
The Court established that recovery proceedings under Section 154B-29 of the Maharashtra Co-operative Societies Act are distinct from disputes under Section 92, and thus the limitation period defined....
Obligations to pay society dues are recurring duties that do not extinguish over time, allowing recovery at any point under Section 154B-29 of the Maharashtra Cooperative Societies Act.
The court reaffirmed that the issuance of Recovery Certificates under Section 101 must follow mandatory procedures, including proper notice and adherence to statutory deposit requirements, vital for ....
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 established that parking charges are recoverable under Section 154B-29 of the MCS Act, despite the existence of a dispute mechanism under Section 91.
Revision challenging consequential actions to recovery certificate under MCS Act requires 50% dues deposit; purposive interpretation curbs delays, overrides literal reading defeating recovery object.
Compliance with the mandate of Sub-Section (2A) of Section 154 of the Act of 1960 is not necessary for deciding the application for condonation of delay, and the Revisional Authority may refuse to en....
The court confirmed that guarantors are liable under the Maharashtra Cooperative Societies Act, and disputes against them are maintainable despite limitation challenges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
