Case Note & Summary
The petitioners, M/s Amerkar Construction and Sons and others, filed a writ petition before the Bombay High Court at Goa challenging an order passed by the Cooperative Court. The dispute arose out of a suit filed by the respondents, who were members of the Amerkar Residency Cooperative Housing Society Ltd., against the petitioners, who were also members of the same society. The respondents sought relief regarding the use of common areas and facilities within the society. The petitioners contended that the Cooperative Court lacked jurisdiction to entertain the suit, arguing that the dispute did not fall within the ambit of Section 91 of the Maharashtra Cooperative Societies Act, 1960. The Cooperative Court, however, held that it had jurisdiction. The petitioners then approached the High Court by way of a writ petition. The High Court examined the provisions of Section 91 of the Act, which provides for the exclusive jurisdiction of the Cooperative Court in disputes touching the constitution, management, or business of a cooperative society. The court noted that the dispute between the members regarding common areas and facilities directly related to the business of the society. The court further observed that the Act bars the jurisdiction of civil courts in such matters. The High Court dismissed the writ petition, upholding the order of the Cooperative Court. The court held that the Cooperative Court had correctly assumed jurisdiction and that the civil suit was not maintainable. The decision reinforces the principle that disputes between members of a cooperative society concerning the use of common property and facilities are to be adjudicated by the Cooperative Court under the special statute, and not by civil courts.
Headnote
A) Cooperative Law - Jurisdiction of Cooperative Court - Dispute between member and society - Section 91 Maharashtra Cooperative Societies Act, 1960 - The dispute pertained to the use of common areas and facilities in a cooperative housing society - The court held that such disputes fall within the exclusive jurisdiction of the Cooperative Court under Section 91, and the civil court has no jurisdiction to entertain the suit - Held that the Cooperative Court has jurisdiction to decide disputes touching the business of the society (Paras 5-10).
Issue of Consideration
Whether the dispute between the petitioners (members of a cooperative housing society) and the respondents (other members) regarding the use of common areas and facilities falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the Maharashtra Cooperative Societies Act, 1960, thereby barring the jurisdiction of the civil court.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Cooperative Court that it had jurisdiction to entertain the dispute under Section 91 of the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Jurisdiction of Cooperative Court
- Dispute between member and society
- Common areas and facilities
- Section 91 Maharashtra Cooperative Societies Act
- 1960
- Maintainability of civil suit
- Bar of jurisdiction of civil court
