Case Note & Summary
The petitioner, Maharashtra Rajya Macchimar Sahakari Sangh Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition challenging a demand for payment of Rs.5,47,837/- made by the third respondent, Maharashtra Fisheries Development Corporation Limited. The dispute arose from the transfer of an ice factory, cold storage, and fish meal plant at Sasoon Docks, Colaba, Mumbai. The complex was originally erected by the Government of India in 1951, transferred to the Fisheries Department of the Government of Maharashtra on 1st May 1964, and then to the third respondent on its establishment on 5th February 1973. The third respondent operated the project until 1976. On 29th July 1976, the State Government decided to restructure the third respondent, and the project was transferred to the petitioner on 1st November 1976. According to the third respondent, at the time of transfer, raw materials and spare parts valued at Rs.5,47,837/- were handed over to the petitioner, but the amount has not been paid. The petitioner disputed the claim, asserting that no such materials were received. The court noted that the petition involved disputed questions of fact regarding the actual transfer and liability. The court held that such disputed questions cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution. The court further observed that the petitioner has an alternative remedy under the Maharashtra Cooperative Societies Act, 1960, to resolve the dispute. Consequently, the court dismissed the writ petition, leaving it open to the petitioner to pursue the alternative remedy. The rule was discharged with no order as to costs.
Headnote
A) Cooperative Law - Recovery of Dues - Disputed Questions of Fact - Writ Jurisdiction - The petitioner, a cooperative society, challenged a demand for payment of Rs.5,47,837/- for raw materials and spare parts transferred to it by the respondent corporation. The court held that disputed questions of fact regarding the actual transfer and liability cannot be adjudicated in writ jurisdiction and the petitioner should avail alternative remedy under the Maharashtra Cooperative Societies Act, 1960. (Paras 1-3)
Issue of Consideration
Whether the High Court should entertain a writ petition challenging a demand for payment of dues when there are disputed questions of fact and an alternative remedy available under the Cooperative Societies Act.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs. The petitioner is at liberty to pursue the alternative remedy available under the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Cooperative society
- recovery of dues
- writ jurisdiction
- disputed questions of fact
- alternative remedy
