Case Note & Summary
The present petition raised an issue whether under the provisions of Section 154 of the Maharashtra Cooperative Societies Act, 1960, a power can be exercised to entertain a second revision application. The petitioner, Videocon Appliances Ltd., was the original plaintiff in a dispute before the Cooperative Court. The dispute pertained to premises no. 1601 in Maker Chambers V building at Nariman Point, Bombay. The building was constructed by a builder, and the society was formed in 1985. The builder became a member of the society in 1991 and sought to sell the premises to Jayantilal Khandwala & Sons in 1992, but the Income-tax Authorities intervened under Section 269UD(1) of the Income-Tax Act, 1961 and took over the premises. The society filed a dispute in the Cooperative Court against the builder and the Income-tax Authorities. The Cooperative Court passed an order on 30.4.1993. The petitioner filed a revision application before the Divisional Joint Registrar, which was dismissed on 22.12.1993. The petitioner then filed a second revision application before the State Government, which was allowed on 31.3.1995, setting aside the order of the Divisional Joint Registrar and remanding the matter. The respondents challenged this order before the High Court. The High Court held that Section 154 of the Maharashtra Cooperative Societies Act, 1960 does not confer power to entertain a second revision; the power under Section 154 is akin to revisional power under the Code of Civil Procedure, 1908, and no second revision lies. The court set aside the order of the revisional authority which had entertained a second revision.
Headnote
A) Cooperative Law - Revision - Section 154 Maharashtra Cooperative Societies Act, 1960 - Second Revision - Whether a second revision application is maintainable under Section 154 - The court held that Section 154 of the Act does not confer power to entertain a second revision; the power under Section 154 is akin to revisional power under the Code of Civil Procedure, 1908, and no second revision lies. The court set aside the order of the revisional authority which had entertained a second revision. (Paras 1, 5-7)
Issue of Consideration
Whether under the provisions of Section 154 of the Maharashtra Cooperative Societies Act, 1960, a power can be exercised to entertain a second revision application.
Final Decision
The court allowed the writ petition, set aside the order of the State Government dated 31.3.1995, and restored the order of the Divisional Joint Registrar dated 22.12.1993.
Law Points
- Section 154 of Maharashtra Cooperative Societies Act
- 1960 confers only one revision
- no second revision is maintainable
- power under Section 154 is akin to revisional power under CPC
- no inherent power to entertain second revision
