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...seeking rejection of plaint/dispute under Order VII Rule 11 of Code of Civil Procedure on the ground that petitioners have no cause of action to file dispute against them under Section 91 ...under Section 91 of MCS Act, 1960 was maintainable.
7. The Co-operative Appellate Court while allowing respondents' application seeking rejection of plaint a...erroneous interpretation of Section 91 of MCS Act, 1960. The appropriation of petitioners' FDRs
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...deprived complainants to cast vote. Hence such a dispute does not come within the ambit of Consumer Protection Act 2019 but subject matter goes within the ambit section 91 of MCS Act ...resolution of to expelled the complainants below section 35 of MCS Act 1960 from opposite party No.1 society further said resolution has been confirmed by Asst.Registrar co operative societies vid...MCS Act 2019 as aforesaid .As interpreted in section 35(1) of CP Act 2019 we are of the opinion that present complaint cannot be admitted against opposite parties as subject matter of com...
...section 91 of MCS Act, 1960 is on par with and by the same procedure of a suit before the Civil Court. In such circumstances, either both powers viz., for cons...section 91 of MCS Act, 1960 and the Co-operative Court has discretion to refer such disputes to the Civil Court for bring tried as civil suit in certain cases and...powers conferred by section 95 of the mcs act. further section 95(4) deal with powers of Co-operative Court to pass interlocutory orders as may appear just and convenient to prevent justice being ...
...in respect of its loan facility granted to respondent No. 1.6. On 30 June, 1999, the petitioner filed Dispute No. 299 of 1999 under section 91 of MCS Act, ...-operative Societies Act; 2002 (The MCS Act, 2002) came into force on or about 19 August, 2002. Section 84 of the said Act provides referring of the disputes and differences by t...section 84 of the MCS Act, 2002.Accordingly, the petitioner filed the Arbitration proceedings before the sole Arbitrator.12. Before the Arbitrator, Opponent ...
...June 1999, the Petitioner filed Dispute No. 299 of 1999 under Section 91 of MCS Act, 1960 in the Co-operative Court for recovery of it's dues of `2,78,29,144.68 paise wi...Multi State Co-operative Societies Act -2002 (The MCS Act, 2002) came into force on or about 19 August 2002. Section 84 of the said Act provides referring of the disputes and differences ...Section 84 of the MCS Act-2002. Accordingly, the Petitioner
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filed the Arbitration proceedings before the sole...
...functioning or is to function as a cooperative agriculture and rural multi-purpose development bank under Chapter XI. In Section 2(6) of the MCS Act, 1960, “Central bank” means a cooperative bank, the obje...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...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 ...
...jurisdiction of Court under Section 91 of MCS Act, 1960. The learned Advocates appearing for respondents further submit that Assistant Registrar passed impugned order in wake of ...of disqualification passed by Assistant Registrar under Section 152 of MCS Act, 1960. The Divisional Joint Registrar allowed Appeal, thereby setting aside order passed by Assistant Registrar obser...that Assistant Registrar exceeded his jurisdiction under Section 11 read with Section 22 (1-A) of MCS Act, 1960, by deciding issue of disqualification of members..
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...No. 3 Election Officer under section 91 of MCS Act, 1960 r/w. Rule 78 of 2014 Election Rules.
10) Having considered the rival submissions, it needs to be n...intermediate steps in the election and only remedy available to the aggrieved party is to file election dispute under Section is to file 91 of the Maharashtra Co-operative Societies Act, 1960 read with...respondent No. 3 Election Officer submits that I and J register is required to be maintained under section 38 of the Maharashtra Cooperative Societies Act, 1960 r/w. Rule 32 and 33 of the Maharashtra...
...MCS Act, 1960.
4 RULE. Rule made returnable forthwith and heard by consent of the parties.
5 Mr. Patwardhan submits that the Petitioner desire...considered the rival contentions. Section 107 of the MCS Act, 1960 reads thus:-
"Section 107- Bar of suit...the MCS Act, 1960 and only in such dispute, Petitioner can lead evidence, produce documents and a dispute can be decided by Competent Court...
...respondent No. 1.”3. In view of the aforesaid order, the petitioner is not being relegated to the alternate remedy of filing Revision under section 154 of the MCS Act, 1960....defences. According to them, it was not necessary to grant leave to file separate dispute.7. I have considered the rival contentions. Section 107 of the MCS Act, ...reads thus:“Section 107. Bar of suit in winding up and dissolution matters. — Save as expressly provided in this Act, no Civil Court shall take cognizance of any matter connected with...
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.... 7. Shri S. P. Dharmadhikari, learned Senior Counsel, has submitted that the Petitioner is a Member of the Respondent no. 2-Co-operative Society and he can agitate his grievance under Section 91 of the ...)Whether the Petitioner can seek redressal of his grievances under Section 91 of the MCS Act, 1960 ?
(v)Whether the Petition can be entertained ...without requiring the Petitioner to avail the statutory alternate remedy
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under Section 91 of the MCS Act, ...
...
provisions under section 23 of Maharashtra Cooperative Societies Act, 1960 (MCS Act) or in any case by raising a dispute under ...MCS Act. He submits that such an issue cannot be raised by instituting a suit. Further, he submits that in any case, the suit was barred by limitation and even the valuation of the suit was...shall be no order as to costs.
9] All concerned to act upon an authenticated copy of this order.
(M. S. SONAK, J.)
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...ORDER1. The preliminary issue with regard to the bar of the inherent jurisdiction of the Court under Section 91 of the Maharashtra Co-operative Societies ...has to be seen whether the dispute between the parties falls within section 91 of the mcs act, the relevant part of which runs thus:91. Disputes.- (1) Notwithstanding anythi...section 91(1) of the mcs act, it is not only essential that the dispute should be of the kind described in the sub-section but also essential that parties to the dispute must be ones spec...
...’. It is clear that the Registrar, or an officer designated by him or an arbitrator under Sections 61, 62, 70 and 71 of the APCS Act, 1964 and under Section 91 and other provisions of Chapter IX ...:(a) Definition of “debt” as contained in Section 2(g) of the Act means any liability which is claimed as due from any person by a bank during the course of any business a...-section (1), the areas within which the Tribunal may exercise its jurisdiction for entertaining and deciding the applications filed before it.21. Chapter III of the Act deals...
...Members and/or the Members and Society, which fall under Section 91 of the MCS Act, 1960 such as:-
Disputes pertaining to:-
(i.../2024/1158 (Exh. A/Page 20 to 23 of the Writ Petition). By the said order, Recovery Certificate under Section 154B-29 of the Maharashtra Co-operative Societies Act, 1960 ("the MCS Act") h...charges/penalty charges with respect to parking space. He submitted that proper remedy is to file dispute under Section 91 of the MCS Act. To substantiate said contention, he relied on Bye-Law No.174...
.... The learned counsel also submits that in terms of section 91 and section 163 of the Maharashtra Co-operative Societies Act, 1960, (for short, MCS Act...Dispute No. 1057 of 2007, by ignoring bar of jurisdiction in terms of section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security...in terms of section 17 for dealing with the provisions section 13(4) of the Securitization Act, are quite limited. The scope cannot be widened to decide the case of a fr...
...filed by the Petitioner Society in the Co- operative Court under Section 91 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) seeking eviction of the Respondents from ...termination of service of the employee by the Society. The Appellate Court noted that as per the definition of Section 2(k) of Industrial Disputes Act, the present dispute would not fall within th..., the dispute came to be filed under Section 91 of the MCS Act before the Co-operative Court seeking direction to the Respondents to vacate and hand over the peaceful possession of Room No.4 and f...
...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”) b....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 .... 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...
...the Cooperative Court under section 91 of the Maharashtra Cooperative Societies Act, 1960 (for short, "the MCS Act"), was that though respondent - Macchindranath Sahakari Dudh Vyavsaik Sa...
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT...PETITION NO. 625 OF 1993
The Shrirampur Dudh Zilla Madhyavarti Vyavsaik Sangh Limited, Babhaleshwar, Tq. Shrirampur, Dist. Ahmednagar. PETITIONER
VERSUS...