...between it & its members and hence, the complaint before the Forum is not maintainable vide Sec. 91 of MCS Act. It is also submitted that recovery certificates have been also issued against the...provision of Sec. 101 of Maharashtra Co-operative Societies Act (for short MCS Act). Thus, the grievances made by the complainant in the complaint have been already cons...accounts only and the Forum cannot enter into the question about the validity about recovery certificate issued u/S 101 (3) of MCS Act by the Asstt. Registrar, but on the dispute about...

...between it & its members and hence, the complaint before the Forum is not maintainable vide Sec. 91 of MCS Act. It is also submitted that recovery certificates have been also issued against the...provision of Sec. 101 of Maharashtra Co-operative Societies Act (for short MCS Act). Thus, the grievances made by the complainant in the complaint have been already cons...accounts only and the Forum cannot enter into the question about the validity about recovery certificate issued u/S 101 (3) of MCS Act by the Asstt. Registrar, but on the dispute about...

...Division/Ward, Mumbai on 06/09/2021, in response to the complaint of Mr.Vivek Pandey directed the society to act as per the byelaws 78 to 84 of the MCS Act, 2003 with regards to the parking. Similarly, Mr....society submitted various documents along with reply to the application for interim relief under sec 38 (8) of the Act, filed by the complainant. Said application was decided in favour of the Complainant...all the benefits as a member. The Managing Committee need to treat all the members equally and as per the provisions of the MCS Act. The Members defaulting in payment of maintenance dues is a separate...

...relating to recovery of dues in view of jurisdiction exclusively created under Sec.101 of the MCS Act. But the Ld. Trial Court, instead of framing additional issue, instead of gi...Section 91 of the Maharashtra Co-operative Societies Act, 1960 (1960 Act hereinafter) in the Co-operative Court No. 2, Mumbai which was registered as Dispute No. CC/II/52 of 2014. The dispute was against...ambit of Section 91 of the 1960 Act. In so far as limitation was concerned, it was contended that it was within the discretion of the Court; besides there being no delay as such.9. On...

...Co-operative Court has jurisdiction to decide the matter relating to recovery of dues in view of jurisdiction exclusively created under Sec.101 of the MCS Act. But the Ld. Trial Court, instead ...of 1960 Act was required as the dispute was within the ambit of Section 91 of the 1960 Act. In so far as limitation was concerned, it was contended that it was within the discretion of th....5. On 25.04.2014, petitioner filed the dispute under Section 91 ofthe Maharashtra Cooperative Societies Act, 1960 (1960 Act hereinafter) in the Co-operative Court No. 2, Mumbai which was registered as...

...proceedings under section 91 of the mcs act, had held that a manager of a clothes section of the society could not be said to be a person, who has taken any part in the organization or management ...society and such person could not be regarded as the officer of the society. This was after evidence had been led by such person in the proceedings under section 91 of the mcs act and the decision ...petitioner in the said petitions, had placed relevant evidence before the authorities to demonstrate that he was not covered under the provisions of sections 88 or 91 of the mcs act. In this case, the...

...objects of which include the creation of funds to be loaned to other societies; but does not include the urban cooperative bank. Section 91 of the MCS Act, 1960 in Chapter IX deals with settlement...including its officer, conduct of general meetings, management or business of a society is covered under sub-section (1) of Section 91 of the MCS Act, 1960. The settlement of dis...and 71 of the APCS Act, 1964 and under Section 91 and other provisions of Chapter IX of the MCS Act, 1960 are not “civil courts”.77. In Harinagar ...

...contention of the petitioner is as follows:(a) The MCS Act carves out a remedy under Section 101 as a special remedy in addition to the existing remedies under Sections 91...Court has in this case ruled on the position of Section 101 of MCS Act vis-a-vis provisions contained in Section 91 thereof. This Court then found that Section 101 of th...Maharashtra Co-operative Societies Act (hereinafter referred to as the MCS Act for brevity), for adjudication of dues and issue of recovery certificate under section 101 ...

...the Dispute under section 91 of the mcs act. The Co-operative Court, after hearing the parties, dismissed the dispute filed by him by judgment and order dated 8-8-2000. The appellant carried an...counsel for the appellant, argued that the dispute under section 91 of the mcs act was maintainable and the decision in the case of K.V...force thereby holding that the dispute under section 91 of the mcs act was not maintainable. The learned counsel further argued that the learned Single Judge did not decide the matter on merits...

...the submission, the first question will have to be examined with reference to Section 164. section 164 of the mcs act“Sec. 164 : Notice necessary in suits:No suit shall...cannot be said to be a legal act or even the act touching the business of the society.9. At this stage, it would be appropriate to refer to section 91 of the mcs act. perus...Order VII Rule 11 of the Civil Procedure Code regarding tenability of the suit on the ground that there was no compliance of section 164 of the mcs act since the notice ...

...copy of marking scheme of MCS-011 pertaining to June 2007 term-end examination is enclosed. (1)c. Prescribed qualification of the evaluator which is mentioned in the Statute act, rules and regulations ...filed on : 02/01/2008 First Appellate Authority order : 11/01/2008 Second Appeal filed on : 16/05/2008 SL. INFORMATION SOUGHT PIOS REPLY (1)a. Answer sheets of paper no. MCS-011, MCS-022, MCS...-024, MCS-032, MCS- 034, MCS-035 bearing enrollment no. 061530792 of the appellant with reference to the examination conducted by IGNOU on June 2007. Term-end examination answer scripts in...

...MCS Act and Section 91(3) of the MCS Act, the jurisdiction of the Civil Court to entertain the dispute is barred. 3/47... 4. Mr. Naphade has relied upon certain provisions of the MCS Act and in particular, Section 91(1) of the MCS Act, which...91(3) of the MCS Act provides that no Court shall have jurisdiction to entertain any Suit or proceedings in respect of any dispute covered by Section 91(1) of the MCS ...

...decided only by the Co-operative Court under Section 91 of the MCS Act. He submits that the impugned order thus passed by the Deputy Registrar on 20thApril, 2019 appointing the respondent no.2...by the respondent no.4 society was totally without jurisdiction. The question of filing any dispute under Section 91 of the MCS Act therefore did not arise. 12...Deputy Registrar, respondent no.2 appointing the respondent no.3 as an authorized officer under section 77(A) of the Maharashtra Co-operative Societies Act, 1960 (for short "MCS Act") and further seeks to...

...quashed and set aside.4. The respondent filed dispute against the petitioner under section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short “the MCS Act”) before 4th Co....5. Before the Appellate Court, the petitioner raised preliminary objection regarding the maintainability of appeal filed by the respondent in view of provisions of section 94 of the mcs .... The learned Appellate Court, however, overruled the petitioner's objection on the ground that the respondent's appeal is maintainable under section 97 of the mcs act and therefore proceeded to hear...

... (3) certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 (for short 'the MCS Act') to the petit...and their respective liabilities and in view of the genuine dispute about liability of the borrowers, the certificate under Section 101 of the MCS Act cannot be issued...of MCS Act against respondent Nos.4 to 6. The petitioner's primary contention is that respondent No.4 to 6 had initially availed cash credit of Rs.1,00,000/- from the petitioner/Bank, which was...

...respondent no. 1.15. Though the MCS Act, in respect of the exercise of powers under Section 91 or for that matter under Section 101 thereunder, does not specifically state about...appointed and not otherwise. This is also spelt out from the territorial jurisdiction of the various Co-operative Courts under Section 91 of the MCS Act and Co-operative Appellate Courts appointed to...respondent no. 5 in exercising the powers as vested in him under the various provisions of the Maharashtra Co-operative Societies Act, 1960 (for short “the MCS Act”, hereinafter).4. To...

...MCS Act, in respect of the exercise of powers under section 91 or for that matter under section 101 thereunder, does not specifically state about territorial jurisdiction, in my considered opinion, the...local area for which he has been appointed and not otherwise. This is also spelt out from the territorial jurisdiction of the various Co-operative Courts under section 91 of the MCS Act and Cooperative...of the respondent No. 5 in exercising the powers as vested in him under the various provisions of the Maharashtra Co-operative Societies Act, 1960 (for short “the MCS Act”, hereinafter...

...claims, and the plaint shall contain a statement that such notice has been so delivered or left.”At this stage, it would be appropriate to refer to section 91 of the mcs act. perusal of...-2013 dismissing the suit filed by appellant for non-observance of provision of section 164 of the Maharashtra Co-operative Societies Act (hereinafter referred to as “MCS...purchased it even before it was mortgaged. The appellant-plaintiff issued a notice on 27-8-2012 under section 164 of the mcs act and filed suit on 10-9-2012 i.e before the expiry of two months period for...

...been paid by the petitioner, the respondent being a creditor of the petitioner society and, therefore, had the right to file an application under section 91 of the mcs act. Unless the dues payable to...the dispute is maintainable under the MCS Act. Apart from this, the dispute between the petitioner and the respondent does not touch the business of the society as contemplated under section 91 but...points out that section 91 of the Maharashtra Co-operative Societies Act does not contemplate a dispute with regard to a transaction such as the one between the petitioner...

.... (B) The petitioner no.1 has filed a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960 ("MCS Act", for short hereinafter) bearing Dispute No.37 ...disqualified. Consequent to the election of the respondent no.3 as the member of the Managing Committee an election dispute under Section 91 of the MCS Act 20 came to be filed by the petitioners i...and the election of 10 the respondent no.3 could always be made subject to the result of the dispute under Section 91 of the MCS Act which could be directed to be decided within a stipulated perio...