Case Note & Summary
The petitioner, Deshmukh Enterprises, a partnership firm, filed a writ petition challenging an order of the Co-operative Court which refused to grant interim relief in a dispute concerning possession of premises. The respondent, Paramount Park D Tenant Co-Op Housing Society Ltd., had initiated proceedings under Section 91 of the Maharashtra Co-operative Societies Act, 1960, claiming that the petitioner was a tenant and had failed to pay rent. The Co-operative Court declined to grant interim injunction restraining the society from dispossessing the petitioner. The High Court examined the jurisdictional issue and held that the Co-operative Court had jurisdiction to entertain the dispute as it touched the business of the society. On the merits of interim relief, the court found that the petitioner had made out a prima facie case, the balance of convenience was in its favor, and irreparable loss would be caused if interim protection was not granted. Accordingly, the court allowed the petition, set aside the Co-operative Court's order, and granted interim relief in favor of the petitioner, directing status quo to be maintained pending final disposal of the dispute.
Headnote
A) Co-operative Law - Jurisdiction - Section 91 Maharashtra Co-operative Societies Act, 1960 - Dispute regarding tenancy rights and possession - Co-operative Court held to have jurisdiction over disputes touching the business of the society - Held that the dispute between a tenant co-operative society and its member regarding possession of premises falls within the ambit of Section 91 (Paras 5-10).
B) Interim Relief - Prima Facie Case - Balance of Convenience - Irreparable Loss - Principles for grant of interim injunction - Petitioner established strong prima facie case and balance of convenience in its favor - Held that refusal of interim relief would cause irreparable loss to the petitioner (Paras 11-15).
Issue of Consideration
Whether the Co-operative Court had jurisdiction to entertain the dispute and whether the petitioner was entitled to interim relief pending final adjudication.
Final Decision
Writ petition allowed. Impugned order of Co-operative Court set aside. Interim relief granted in favor of the petitioner directing status quo to be maintained pending final disposal of the dispute.
Law Points
- Co-operative Court jurisdiction
- interim relief
- prima facie case
- balance of convenience
- irreparable loss
- Section 91 Maharashtra Co-operative Societies Act
- 1960
Case Details
2025 LawText (BOM) (10) 19
Writ Petition No. 12575 of 2022 with Interim Application No. 12273 of 2024
Dr. Uday Warunjikar a/w Ms. Preeti Walimbe for Petitioner; Mr. Mayur Khandeparkar a/w Mr. Vikramjeet Garewal, Ms. Savani Vaze & Ms. Shreya Mathane for Respondent Nos. 1 to 3 & 5 to 10; Mr. Prasad Keluskar a/w Mr. Drupad Patil for Respondent No. 10; Mr. J.P. Patil, AGP for Respondent No. 12-State; Mr. Saurabh Butala i/by Mr. Harshad Sathe for Intervenor
Deshmukh Enterprises Through Promoter Dilip Sudhakar Deshmukh
Paramount Park D Tenant Co-Op Housing Society Ltd. & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Co-operative Court refusing interim relief in a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960.
Remedy Sought
Petitioner sought setting aside of Co-operative Court order and grant of interim injunction restraining respondents from dispossessing the petitioner.
Filing Reason
Co-operative Court refused to grant interim relief to the petitioner in a dispute regarding possession of premises.
Previous Decisions
Co-operative Court passed order refusing interim relief.
Issues
Whether the Co-operative Court had jurisdiction to entertain the dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960.
Whether the petitioner was entitled to interim relief pending final adjudication.
Submissions/Arguments
Petitioner argued that the Co-operative Court had jurisdiction and that a prima facie case, balance of convenience, and irreparable loss existed in its favor.
Respondents contended that the Co-operative Court lacked jurisdiction and that no interim relief should be granted.
Ratio Decidendi
The Co-operative Court has jurisdiction under Section 91 of the Maharashtra Co-operative Societies Act, 1960 to entertain disputes touching the business of the society. For grant of interim relief, the petitioner must establish a prima facie case, balance of convenience in its favor, and irreparable loss in case of refusal. In the present case, the petitioner satisfied these conditions, warranting interim protection.
Judgment Excerpts
The Co-operative Court has jurisdiction to entertain the dispute as it touches the business of the society.
The petitioner has made out a prima facie case and the balance of convenience is in its favor.
Irreparable loss would be caused to the petitioner if interim relief is not granted.
Procedural History
The petitioner filed a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960 before the Co-operative Court. The Co-operative Court refused to grant interim relief. The petitioner challenged that order by way of a writ petition before the Bombay High Court.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: 91
