Case Note & Summary
The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Court (District Deputy Registrar, Mumbai) dated 30 September 2022, which dismissed their application for interim relief in a dispute concerning the use of common amenities and parking spaces. The petitioners had sought to restrain the respondents from using certain common areas and parking slots in the society premises. The Cooperative Court held that the dispute fell within its jurisdiction under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and that the civil suit was not maintainable due to the bar under Section 163 of the Act. The petitioners argued that the dispute was not covered by Section 91 and that the Cooperative Court had erred in dismissing their application. The respondents contended that the dispute was clearly between the society and its members and thus fell within the exclusive jurisdiction of the Cooperative Court. The High Court, after hearing both sides, held that the dispute regarding the use of common amenities and parking spaces by members of a housing society is a dispute touching the business of the society and must be adjudicated by the Cooperative Court. The court further held that the Civil Court has no jurisdiction to entertain such disputes due to the bar under Section 163 of the MCS Act. The writ petition was dismissed, and the Cooperative Court was directed to proceed with the matter expeditiously.
Headnote
A) Cooperative Law - Jurisdiction of Cooperative Court - Bar under Section 163 of MCS Act - Dispute between society and member - The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil courts are barred under Section 163. (Paras 5-10) B) Cooperative Law - Maintainability of Civil Suit - Section 91 of MCS Act - The court held that the dispute regarding the use of common amenities and parking spaces by members of a housing society is a dispute touching the business of the society and must be adjudicated by the Cooperative Court, not the Civil Court. (Paras 5-10)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain a suit relating to disputes between a cooperative housing society and its members, given the bar under Section 163 of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Cooperative Court. The court held that the dispute regarding the use of common amenities and parking spaces by members of a housing society is a dispute touching the business of the society and must be adjudicated by the Cooperative Court under Section 91 of the MCS Act. The Civil Court has no jurisdiction due to the bar under Section 163. The Cooperative Court was directed to proceed with the matter expeditiously.
Law Points
- Jurisdiction of Cooperative Court
- Maintainability of civil suit
- Bar under Section 163 of Maharashtra Co-operative Societies Act
- 1960
- Dispute between society and member
- Scope of Section 91 of MCS Act
