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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Ajay Shantilal Porwal – Appellant
Versus
Gangadham A Cooperative Society Limited – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The petitioners have filed this writ petition to challenge the Judgment and Order dated 10 February 2025 passed by the Cooperative Appellate Court. That order confirmed the Judgment and Order dated 25 April 2024 of the Cooperative Court No. 2, Pune in Dispute No. 134 of 2022. The Cooperative Court had dismissed the dispute by invoking Order VII Rule 11 of the Code of Civil Procedure, 1908.
2. The petitioners state that they are members of respondent No. 1 cooperative housing society. On 4 October 2022, they instituted Dispute No. 134 of 2022 seeking several declarations. They sought declaration that resolutions passed in the Annual General Meeting and Special General Meeting were illegal. They sought injunction restraining the opponents from acting upon those resolutions. They also sought declaration that the deed of conveyance executed on the strength of the said resolutions was null, void, and not binding. They further sought perpetual injunction restraining opponent Nos. 13 to 28 from creating third party rights. They also sought injunction restraining the opponents from carrying out construction.
3. Respondent Nos. 13, 15 and 28 filed an application da
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 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....
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
The court confirmed that guarantors are liable under the Maharashtra Cooperative Societies Act, and disputes against them are maintainable despite limitation challenges.
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 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 judgment clarified the scope of jurisdiction under Section 70 of the Act, emphasizing that the dispute must relate to the constitution, management, or business of a co-operative society and invol....
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