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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Bank of India Staff Panchsheel Cooperative Housing Society Limited – Appellant
Versus
Jitendra Kumar Jani – Respondent
| Table of Content |
|---|
| 1. background of the dispute between parties. (Para 1 , 2) |
| 2. nature of housing society's objects under law. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. scope of court's power under order vii rule 11. (Para 12 , 14) |
| 4. jurisdiction vs. maintainability in legal disputes. (Para 13 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. writ petition rejection and dispute proceeding. (Para 25) |
JUDGMENT :
AMIT BORKAR, J.
1. The petitioner society, by the present petition, has called in question the order passed by the Co operative Appellate Court, whereby the petitioner’s application under Order VII Rule 11 of the Code of Civil Procedure seeking dismissal of the dispute was rejected. The application was founded on the contention that the issue of redevelopment does not fall within the jurisdiction of the Co operative Court.
2. Respondent No.1 instituted Dispute No. CC/III/49/2024 before the Co operative Court at Mumbai, along with an application seeking interim relief. The petitioner society filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908. Respondent No.1 filed his reply to the said application. The learned Judge of Co operative Court No.3, Mum
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 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....
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 main legal point established in the judgment is that objections raised by a minority of members after an overwhelming majority had approved the appointment of a developer for redevelopment were i....
The main legal principle established is that the decisions of the General Body of a Co-operative Society, approved in accordance with the Act and Rules, should be respected and implemented, emphasizi....
Society - Process of re-development of its building - Plaintiff has neither made out a prima-facie case nor could show as to how redevelopment, would cause loss to him nor could establish, re-develop....
Individual members of a co-operative society are bound by the covenants of a development agreement, and disputes regarding their entitlements cannot obstruct interim measures under Section 9 of the A....
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