Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
The provisions of Rule 107(19) are designed to facilitate effective resolution of disputes related to cooperative societies, including filing suits as contemplated under subclause (c), emphasizing that such suits are valid and recognized remedies within the statutory framework ["SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD - Bombay"].
Analysis and Conclusion:
References:- ["SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD - Bombay"]- ["SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD - Bombay"]- ["SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD - Bombay"]- ["SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD - Bombay"]
In the complex world of cooperative societies in Maharashtra, disputes often revolve around recovery proceedings, attachment of properties, and the powers of Recovery Officers. A common query from society members, creditors, and legal practitioners is: provide the judgements on rule 107 subclause 19 of the Maharashtra cooperative societies rules 1961. This blog post delves into the legal framework, pivotal court rulings, and practical implications of Rule 107(19) under the Maharashtra Cooperative Societies Rules, 1961 (MCS Rules), read with the Maharashtra Cooperative Societies Act, 1960 (MCS Act). We'll explore how courts have interpreted these provisions, emphasizing revisional remedies and the option to file civil suits.
Whether you're a cooperative society member facing recovery actions or a legal professional advising on such matters, understanding these judgments can guide your strategy. Note: This is general information based on judicial precedents and not specific legal advice—consult a qualified lawyer for your case.
Rule 107 of the MCS Rules outlines the procedure for attachment and sale of property under Section 156 of the MCS Act, which empowers the Registrar or authorized officers to recover dues by such means. Specifically, Rule 107(19) addresses the Recovery Officer's powers to pass orders on attachment, sale, and related remedies. It states provisions concerning challenges to these orders, often linked to Rule 107(19)(c), which allows remedies like suits SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD.
Key interconnected sections include:- Section 101: Issuance of recovery certificates.- Section 154: Revisional powers of the Registrar to review orders for legality or propriety.- Section 156: Recovery through attachment and sale.
Courts have clarified that orders under Rule 107(19) are executory in nature and not final, opening doors to challenges Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350.
Judicial precedents establish that Recovery Officer orders—such as property attachment or sale—are not inherently final. Aggrieved parties can seek redress via revisional petitions or civil suits. As held, Such orders are executory in nature and subject to judicial review or challenge through appropriate legal remedies Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350.
In recovery proceedings, courts stress that these orders lack conclusive finality, allowing scrutiny for jurisdictional errors or illegality Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350. For instance, when property is in court custody, attachment requires a notice under Rule 107(7)(iii), and title/priority questions are decided by that court AMBAJOGAI PEOPLES COOPERATIVE BANK LTD. , AMBAJOGAI, TALUKA AMBAJOGAI dist. BEED VS SHRIMAULI BUILDERS - 2007 Supreme(Bom) 1452. The question of title or priority has to be decided by the Court AMBAJOGAI PEOPLES COOPERATIVE BANK LTD. , AMBAJOGAI, TALUKA AMBAJOGAI dist. BEED VS SHRIMAULI BUILDERS - 2007 Supreme(Bom) 1452.
A central debate is whether parties must exhaust revisional remedies before suits. Courts hold that Section 154 provides an available and adequate remedy, but it does not bar civil suits, especially for illegal or jurisdiction-less orders Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350.
In one case, the existence of revision under Section 154 against disqualification orders did not oust writ jurisdiction when procedural lapses occurred Sandesh Baccharam Bhapkar VS State of Maharashtra - 2023 Supreme(Bom) 2278. The court held that while there is an alternate remedy available under Section 154, the Deputy Registrar failed to exercise his jurisdiction properly Sandesh Baccharam Bhapkar VS State of Maharashtra - 2023 Supreme(Bom) 2278. Similarly, challenges to auction sales under Rule 107 can proceed if notices were deemed served via publication Amit P. Modi VS State of Maharashtra - 2018 Supreme(Bom) 1364.
Rule 107 details attachment and sale steps. Sub-rules like 107(11)(d-1) govern possession orders, where the District Magistrate's role is purely executionary, not quasi-judicial—no hearing required AMIT PRAKASH JORI vs State of Maharashtra - 2025 Supreme(Bom) 199. The District Magistrate's role in executing recovery orders is strictly executionary, not requiring a hearing or assessment of merits AMIT PRAKASH JORI vs State of Maharashtra - 2025 Supreme(Bom) 199.
Courts have invalidated premature actions, like discarding recovery certificates on prima facie fraud without full hearings AMBAJOGAI PEOPLES COOPERATIVE BANK LTD. , AMBAJOGAI, TALUKA AMBAJOGAI dist. BEED VS SHRIMAULI BUILDERS - 2007 Supreme(Bom) 1452. The Single Judge was in error in discarding the legality of the recovery certificate... on the basis of a prima facie finding AMBAJOGAI PEOPLES COOPERATIVE BANK LTD. , AMBAJOGAI, TALUKA AMBAJOGAI dist. BEED VS SHRIMAULI BUILDERS - 2007 Supreme(Bom) 1452. In property auctions, highest bids confirm sales unless timely challenged under the rules Amit P. Modi VS State of Maharashtra - 2018 Supreme(Bom) 1364.
Additional insights:- Recovery certificates under Section 101 form a comprehensive code for enforcement; courts determine priorities for attached funds Ambajogai Peoples Cooperative Bank Ltd. VS Shrimauli Builders - 2007 Supreme(Bom) 1456.- Even in liquidation, mere attachment pre-winding-up doesn't confer secured creditor status if proceeds aren't realized City Co-Op Credit and Capital Ltd. VS Official Liquidator of M/A Satwik Electric Controls Pvt. Ltd. - 2019 Supreme(Bom) 804. The mere fact that the Company's properties have been attached, not even sold, prior to the winding-up order does not have any consequence on its status as an unsecured creditor City Co-Op Credit and Capital Ltd. VS Official Liquidator of M/A Satwik Electric Controls Pvt. Ltd. - 2019 Supreme(Bom) 804.
| Aspect | Judicial Position | Reference ||--------|-------------------|-----------|| Nature of Rule 107(19) Orders | Executory, not final; challengeable | Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350 || Revisional Remedy (Sec 154) | Available to check legality/propriety | Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350Sandesh Baccharam Bhapkar VS State of Maharashtra - 2023 Supreme(Bom) 2278 || Civil Suit Maintainability | Permissible without revision; for illegality | Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350SMT. NAGINADEVI HUKUM SINGH CHIRAGIYA vs THE DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES AURANGABAD || Execution Role (e.g., DM) | Strictly executionary, no hearing needed | AMIT PRAKASH JORI vs State of Maharashtra - 2025 Supreme(Bom) 199Amit Prakash Jori vs State of Maharashtra - 2025 Supreme(Bom) 829 || Attachment in Court Custody | Notice under Rule 107(7)(iii); court decides title | AMBAJOGAI PEOPLES COOPERATIVE BANK LTD. , AMBAJOGAI, TALUKA AMBAJOGAI dist. BEED VS SHRIMAULI BUILDERS - 2007 Supreme(Bom) 1452 || Auction Sales | Confirmed on highest bid; public notice suffices | Amit P. Modi VS State of Maharashtra - 2018 Supreme(Bom) 1364 |
For societies and members:- Timely challenges: File revisions or suits promptly against attachment/sale orders.- Notice compliance: Publication in newspapers may deem service, but verify records Amit P. Modi VS State of Maharashtra - 2018 Supreme(Bom) 1364.- Jurisdictional checks: Question Recovery Officer actions if ultra vires, like unexamined delays in filings Sandesh Baccharam Bhapkar VS State of Maharashtra - 2023 Supreme(Bom) 2278.
Creditors benefit from the robust recovery framework under Sections 101/156, but must navigate court-determined priorities Ambajogai Peoples Cooperative Bank Ltd. VS Shrimauli Builders - 2007 Supreme(Bom) 1456. In disputes involving company liquidation, recovery certificates don't automatically secure priority over workmen Sunil Ratnaparkhi VS Official Liquidator of Satwik Electric Controls Pvt. Ltd. - 2019 Supreme(Bom) 2618.
Other cases highlight Rule 107's broader application, such as in election disqualifications or liquidation summaries, reinforcing alternate remedies M/S. GOLFADEVI CONSTRUCTION PVT.LTD vs MURALI MANOHAR NAGARI PATSANSTHA MYDTMAHASUKHLAL NANDLAL DOSHI VS STATE - 1993 Supreme(Guj) 181.
Rule 107(19) empowers Recovery Officers but ensures checks via revisions and suits. Courts consistently affirm multiple remedies coexist, prioritizing fairness in cooperative recoveries Sangli Sahakari Bank Ltd. VS Divisional Joint Registrar, Co-op. Societies, Mumbai and others - 2002 0 Supreme(Bom) 350. Key takeaways:- Orders are reviewable, not absolute.- Use Section 154 for procedural lapses; suits for substantive illegality.- Execution is ministerial—focus challenges upstream.
This evolving jurisprudence underscores the balance between efficient recovery and due process in Maharashtra's cooperative sector. For tailored advice, engage a specialist in cooperative law.
Disclaimer: This post summarizes public judicial insights and is for informational purposes only. Laws and interpretations may change; seek professional counsel.
#CoopLaw #MaharashtraRules #Rule107
107 of the Maharashtra Cooperative Societies Rules,1961 by filing a Suit as contemplated in Rule 107(19)(c) 1960. ... 107(19)(c) is available even if parties seek recourse to p style="position:absolute;white-space:pre;margin:0;padding:0;top:519pt
Existence of alternate remedy of filing Revision under Sec. 154 of the Maharashtra Co-Operative Societies Act, 1960 against an Order passed by the Registrar disqualifying member(s) of committee of a cooperative society under Rule 66 of the Maharashtra Co-Operative Societies (Election to Committee) Rules ... Maharashtra Co-operative Societies act, 1960. In exercise of the powers conferred by Sec. 3 of the Maharashtra#HL_END....
107(19) of the Maharashtra Cooperative Societies Rules, 1961. ... 107(19) of the M.C.S.Rules 1961. ... That apart, considering the phraseology of Rule 107(19) of the Maharashtra Cooperative Societies ....
Rule 107 of the Maharashtra Cooperative Societies Rules, 1961. ... 13 and 14 of Rule 107 of the Maharashtra Cooperative Societies Rules provide thus:- cooperative societies or the cooperative credit societies in general. ... framed under the Maharashtra#HL....
issued under Rule 107 of the Maharashtra Cooperative ... (19-A) or Section 154 of the Maharashtra Cooperative Societies Act and the Rules of 1961. ... Societies Rules, 1961 in pursuance of the Recovery Certificate and the consequences arising therefrom.
107(14) of the Maharashtra Cooperative Societies Rules, 1961, [For short, 107(14) of the Rules of 1961, by filing application before the Special remedy by way of filing application under Rule 107(14) of the Rules, [Through its Cooperative Department]. ... Societies, Aurangabad, in Revision Application No. 27/2013.
Rule 107 of the Maharashtra Cooperative societies Rules 1961 lays down the procedure for the attachment and sale of property under Section 156. ... The Learned Single judge held that (i) a prima facie case was made out that the recovery certificate under Section 101 of the Maharashtra Cooperative societies Act in favour of the Appellant was fraudulently obtained; (ii) Rule 107 of....
Rule 107 of the Maharashtra Cooperative Societies Rules 1961 lays down the procedure for the attachment and sale of property under Section 156. ... The Learned Single Judge held that (i) a prima facie case was made out that the recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act in favour of the Appellant was fraudulently obtained; (ii) Rule 107 of....
Gaurang Bhatt placed reliance on sub rule (6) of Rule 48 of the Gujarat Cooperative societies Rules, 1965, which reads as under :" (6) At the conclusion of the liquidation procedure, a general meeting of the members of the society shall be called at which the Liquidator shall summarise his proceedings ... Societies act, 1961. ... " ... ( 11 ) THE above-mentioned provisions of the Act do not provide for the applicability or otherwise of the ....
The State of Maharashtra ... 19(a) 19
7. The relevant provision of Section 156 and Rule 107(11)(d-1) (vi) of the Maharashtra Cooperative Societies Rules, 1961 are reproduced here for clarity and proper contextual understanding: (a) any amount due under a decree or order of a Civil Court obtained by a society; 6. The submissions advanced by the respective parties have been duly recorded and are now considered by this Court in light of the statutory provisions and the applicable legal principles. “156. Registrar’s powers to recover certain sums by attachment and sale of property (1) The Registrar or any officer s....
“156. Registrar’s powers to recover certain sums by attachment and sale of property 6. The submissions advanced by the respective parties have been duly recorded and are now considered by this Court in light of the statutory provisions and the applicable legal principles. 7. The relevant provision of Section 156 and Rule 107(11)(d-1) (vi) of the Maharashtra Cooperative Societies Rules, 1961 are reproduced here for clarity and proper contextual understanding: (1) The Registrar or any officer subordinate to him and empowered by him in this behalf of an officer of such society....
(1)[Procedure for attachment and sale of property under Section 156]:- (1) A creditor holding a decree requiring the provisions of Section 156 to be applied, or society to which (a) any amount is due under a decree or order of a Civil Court obtained by the society; (b) any amount is due under a decision, award or order of the Registrar, Arbitrator, Liquidator or Tribunals; (c) any sum is awarded by way of costs under the Acts; (d) any amount is due under a certificate granted by the Registrar to the assets of the society; (e) any amount is due under a certificate granted by the Registrar und....
(1) [Procedure for attachment and sale of property under Section 156]:- (1) A creditor holding a decree requiring the provisions of Section 156 to be applied, or society to which-- (a) any amount is due under a decree or order of a Civil Court obtained by the society; (b) any amount is due under a decision, award or order of the Registrar, Arbitrator, Liquidator or Tribunals; (c) any sum is awarded by way of costs under the Acts; (d) any amount is due under a certificate granted by the Registrar to the assets of the society; (e) any amount is due under a certificate granted by the Registrar ....
A Special Recovery Officer attached the property of the respondent no. 2 under Rule 107 of the Maharashtra Co-operative Societies Rules, 1961 (for short the said “MCS Rules”).
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