Search Results for "MCS Act"

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Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...

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Bombay High Court Dismisses Writ Petition Challenging Sugar Factory Elections Under Maharashtra Co-operative Societies Act. Court holds that election disputes must be resolved through the specific remedy under Section 91 of the MCS Act, not by writ petition.

The petitioners, 14 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the election of the Board of Directo...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

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Bombay High Court Dismisses Petitions Challenging RBI Moratorium on Urban Co-operative Bank. RBI Directions Under Section 35A of Banking Regulation Act, 1949 Are Binding and Not Subject to Challenge Under Maharashtra Co-operative Societies Act, 1960.

The case involves three writ petitions filed in the Bombay High Court, Aurangabad Bench, challenging the directions issued by the Reserve Bank of Indi...

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Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment and Appointment of Administrator. Court holds that amendment to bye-laws requiring members to pay additional contribution for non-residential use is ultra vires the Maharashtra Cooperative Societies Act, 1960.

The petitioners, Balaji Tower Coop. Housing Society Ltd. and Parthasarathy Rangachari, filed a writ petition challenging the amendment to bye-law 28A ...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...