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 Allows Writ Petition Against Registrar’s Order Refusing Permission Under Maharashtra Cooperative Societies Act, 1970 to Sue Liquidator. Court Holds That Permission Under Section 107 is a Formality and Registrar Must Not Consider Merits of the Employees’ Wage Claim.

9 Aug 2010

The dispute arose when 83 former employees of the Amravati Growers’ Cooperative Spinning Mills Ltd. sought permission under Section 107 of the Mahar...

High Court

Bombay High Court Quashes Condition Imposed on Transfer of Shares in Co-operative Society in Liquidation — Deputy Registrar Exceeded Jurisdiction Under Section 22 of Maharashtra Co-operative Societies Act, 1960. The court held that the Deputy Registrar cannot require a no objection certificate from the liquidator as a condition for transfer of shares, as such condition is not contemplated by the Act.

20 Jun 2018

The petitioners, Neeta Ratnakar Salunke and her two minor daughters, were members of the Nashik Co-operative Credit & Capital Society Limited, which w...

High Court

Bombay High Court Allows Petitioner to File Dispute Under Section 91 of MCS Act Despite Winding Up — Liquidator Not Competent to Decide Declaration of Non-Liability. Registrar's refusal to grant leave set aside as Liquidator cannot substitute for a competent court under Section 91 of Maharashtra Cooperative Societies Act, 1960.

19 Jan 2012

The petitioner, Mahesh Balwant Arjunwadkar, filed two writ petitions challenging an order of the Divisional Joint Registrar, Cooperative Societies, Ko...

High Court

Bombay High Court Dismisses Petition Challenging Proclamation of Sale Under Maharashtra Co-operative Societies Act — Revision Not Maintainable Against Proclamation of Sale. Court holds that a proclamation of sale under Section 156 read with Section 101 and Rule 107 is a step in execution and not a decision or order under the Act, and petitioners have alternative remedy of suit.

12 Dec 2012

The petitioners, claiming to be owners of Flat No.4/99 in Prashanti Mangaldham Co-operative Housing Society Ltd., challenged a proclamation of sale is...

High Court

Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Housing Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under Maharashtra Co-operative Societies Act, 1960. The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the MCS Act, and civil courts are barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Court Orders in Recovery Proceedings — Held That Recovery Officer Has Power to Attach Property Under Section 101 of Maharashtra Cooperative Societies Act, 1960.

16 Apr 2015

The case involves two writ petitions filed by Karmaveer Bhaurao Patil Zilla Sah Pat Sanstha Ltd. and its Special Recovery Officer, and by Nana Appa Pa...

Supreme Court

Supreme Court Allows Appeal in Cooperative Bank Liquidation Case — Recovery Proceedings Not Automatically Terminated on Expiry of Statutory Period. Section 109 of Maharashtra Cooperative Societies Act, 1960 does not extinguish pending recovery suits against defaulting members upon deemed termination of liquidation.

20 Aug 2019

The Goa State Cooperative Bank Ltd. appealed against a High Court judgment that declared winding up proceedings of the Goa, Daman and Diu Cooperative ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery Proceedings Under Maharashtra Cooperative Societies Act — Cooperative Bank's Recovery of Loan Dues Upheld Against Borrowers and Guarantors. Alternative Remedy of Arbitration Under Section 91 of the Maharashtra Cooperative Societies Act, 1960, Precludes Writ Jurisdiction.

30 Nov -0001

The petitioners, Dr. Annasaheb Choughle Urban Cooperative Bank Ltd. and its Special Recovery Officer, filed a writ petition before the Bombay High Cou...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Bank Recovery Proceedings — Upholds Validity of Arbitration Award Under MCS Act. Court holds that recovery certificate issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960 is enforceable and cannot be challenged on grounds of limitation or lack of notice when the borrower had participated in the arbitration proceedings.

14 Nov 2025

The petitioners, Ramrao Tukaram Patil, Manjusha Ramrao Patil, and Sindhubai Ramrao Patil, filed a writ petition under Article 226 of the Constitution ...

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