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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
| Table of Content |
|---|
| 1. initial challenge to prior court orders in cooperative dispute. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding jurisdiction and statutory interpretation. (Para 5 , 6 , 7 , 8 , 9) |
| 3. distinction between jurisdiction and maintainability in legal proceedings. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. scope and application of order vii rule 11(d). (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. implications of inconsistent pleadings on case rejection. (Para 24 , 25 , 26) |
| 6. cooperative court's jurisdiction to determine effects of illegal resolutions. (Para 27 , 28 , 29 , 30 , 31) |
| 7. analysis of precedential value of prior judgments. (Para 32 , 33) |
| 8. final decision to quash and restore cooperative court dispute for further proceedings. (Para 34 , 35) |
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
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....
Civil courts maintain jurisdiction over disputes involving cooperative society resolutions, clarifying that maintainability isn't limited by cooperative statutes.
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....
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