Search Results for "MCS Act"

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Allows Petition Challenging Removal of Chairman in Co-operative Housing Society Dispute Over Redevelopment. Managing Committee Resolution and Deputy Registrar's Endorsement Set Aside for Violation of Natural Justice and Bye-Laws Under Maharashtra Co-operative Societies Act, 1960.

The case involves a challenge by Madhavi Vilas Gosavi (Petitioner No.2) and another member (Petitioner No.1) against a resolution of the Managing Comm...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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"Co-operative Court's Jurisdiction Dispute: Society Challenges Appellate Decision on Eviction Case" "Legal battle over servant quarters' occupancy highlights jurisdictional boundaries in co-operative society disputes."

This is a legal petition challenging the decision of the Co-operative Court, Mumbai, which quashed the judgment of the Trial Court. The dispute revolv...

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Bombay High Court Upholds Cooperative Court's Injunction Against Bank's Recovery Notice Despite SARFAESI Proceedings — Jurisdiction of Cooperative Court Not Ousted by SARFAESI Act for Disputes Under Section 91 of MCS Act.

The petitioner, M/s. Shewalkar Developers Ltd., a company incorporated under the Companies Act, 1956, was engaged in land development and construction...

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Bombay High Court Dismisses Writ Petition Challenging Cooperative Society Elections Due to Lack of Jurisdiction and Availability of Alternative Remedy. Petitioner failed to exhaust statutory remedy under Section 152A of the Maharashtra Cooperative Societies Act, 1960 before approaching the High Court.

The petitioner, Udhav Laxman Jadhav, filed a writ petition before the Bombay High Court at Kolhapur challenging the election process of Bhagwanrao Jad...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...