Search Results for "maharashtra cooperative societies act section 107"

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Search Results for "maharashtra cooperative societies act section 107"

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High Court

Bombay High Court Dismisses Writ Petitions Challenging Criminal Proceedings Under Consumer Protection Act Against Liquidated Co-Operative Bank — Section 107 of Maharashtra Co-Operative Societies Act, 1960 Held Not to Bar Criminal Actions. The court interpreted the words 'other legal proceeding' in Section 107 to be restricted to civil proceedings ejusdem generis with a suit, and thus did not bar criminal proceedings under Section 27 of the Consumer Protection Act, 1986, against a society under winding up.

1 Aug 2018

The judgment arose from two criminal writ petitions filed by a co-operative bank under liquidation and its liquidator, seeking to quash summons and no...

High Court

Bombay High Court Dismisses Depositors' Petition Challenging Winding Up of Cooperative Bank — No Locus Standi for Individual Depositors Under Maharashtra Cooperative Societies Act, 1960. Winding Up Order Under Section 107 of MCS Act is Final and Cannot Be Challenged by Individual Depositors; Remedy Lies in Civil Suit for Damages.

21 Sep 2006

The petitioners, Manda Ananda Salunkhe, Dropadabai Laxman Nalawade, and Mrs. Jatin Enterprises, were depositors and shareholders of Yeshwant Sahakari ...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Managing Committee Member for Having More Than Two Children Under Maharashtra Cooperative Societies Act. The court held that Section 154B-23(v) of the MCS Act independently applies to housing societies and incorporates the disqualification ground from Section 73CA(1)(f)(vii), and the authorities had jurisdiction to disqualify the petitioner based on evidence of three children after the amendment's commencement.

13 Jun 2024

The petitioner, a member of the Managing Committee of respondent No.6/Society, was disqualified by the Deputy Registrar Co-operative Society under Sec...

High Court

Bombay High Court Allows Writ Petition Challenging Revision Order in Cooperative Loan Recovery — Guarantor's Liability Upheld Despite Non-Impleadment of Borrower. Section 101 Certificate Under Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside in Revision Without Proper Notice to All Parties.

18 Mar 2016

The petitioner, Sunil Sitaram Mahajan, filed a writ petition challenging an order dated 20.01.2015 passed by the Divisional Joint Registrar, Cooperati...

High Court

Bombay High Court Dismisses Borrowers' Challenge to District Magistrate's Order Appointing Tehsildar for Possession in Cooperative Society Recovery. The Court held that the District Magistrate's power under Rule 107(11)(d-1)(vi) of the Maharashtra Cooperative Societies Rules, 1961 is ministerial and does not require a hearing to the borrower.

4 Feb 2025

The petitioners, Amit Prakash Jori and Jyoti Prakash Jori, were borrowers who had taken a loan of Rs.30 lakh from respondent No.2, Dyandeep Co-op. Cre...

High Court

Bombay High Court Considers Challenge to Bifurcation and Deemed Conveyance Orders Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963. The petitions were filed by a co-operative housing society against orders that bifurcated the society and granted deemed conveyance to a minority group.

30 Jan 2026

The Bombay High Court heard a group of writ petitions filed by Jay Anand Co-operative Housing Society Ltd. against the State of Maharashtra and others...

High Court

Bombay High Court Dismisses Petition Challenging Attachment Order Under Maharashtra Cooperative Societies Act — Creditor Can Execute Recovery Certificate Against Any Available Property Despite Prior SARFAESI Proceedings. The court held that there is no legal bar to a creditor simultaneously proceeding under the SARFAESI Act and executing a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 against other properties of the debtor.

25 Mar 2019

The petitioners, M/s Anjali Tours & Travels and Others, filed a writ petition before the Bombay High Court challenging an attachment order issued by t...

High Court

Bombay High Court Allows Writ Petitions Challenging Execution of Decrees Against Cooperative Society Members Under Section 101 of Maharashtra Cooperative Societies Act, 1960 — Recovery Proceedings Quashed for Non-Compliance with Pre-Deposit Requirement

30 Nov -0001

The judgment involves four writ petitions filed by petitioners challenging execution proceedings initiated by respondent cooperative societies under S...

High Court

Bombay High Court Allows Petition Challenging Auction Sale by Cooperative Bank for Non-Disclosure of Reserve Price and Lack of Proper Notice Under Section 101 of Maharashtra Cooperative Societies Act, 1960. Sale Set Aside as Bank Failed to Comply with Rule 107 of Maharashtra Cooperative Societies Rules, 1961.

30 Jul 2021

The petitioner, Munjaji Kondiba Chate, owned agricultural lands in Beed district, Maharashtra. He had taken a loan from Deenadayal Nagari Sahakari Ban...

High Court

High Court of Bombay Upholds Objection under Section 164 of Maharashtra Co-operative Societies Act, 1960, and Returns Plaint for Non-Compliance in Suit Against Cooperative Bank. Suit challenging attachment and sale of property by a cooperative bank in recovery proceedings held to touch the business of the society thus requiring mandatory notice; failure to comply leads to plaint return.

17 Jul 2012

The proceedings arose from a suit instituted by the respondent-plaintiff, an 80-year-old pardanashin lady, claiming that her land was illegally attach...

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