Search Results for "MCS Act, 1960"

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Search Results for "MCS Act, 1960"

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High Court

Bombay High Court Dismisses Petition Challenging Enquiry Order Under Section 83 of MCS Act — No Pre-Decided Views Found in Registrar's Order. Appointment of Authorised Officer for Enquiry into Society's Affairs Upheld as Registrar Acted on Prima Facie Material Without Prejudging Issues.

25 Jun 2026

The Petitioner, Raghuleela Megamall Kandivali (West), a cooperative society formed by occupiers of units in a mall, challenged an order dated 9 March ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

23 Dec 2025

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

High Court

Bombay High Court Quashes Recovery Certificate for Parking Charges in Co-operative Housing Society Dispute — Jurisdiction of Assistant Registrar Under Section 154B-29 of MCS Act Not Attracted. Disputes Pertaining to Parking Must Be Adjudicated Under Section 91 of the MCS Act Before the Co-operative Court as Per Bye-Law No.174(B)(iv) of Model Bye-Laws.

7 Aug 2024

The petitioner, Smita P. Dalvi, filed a Writ Petition under Article 226 of the Constitution of India challenging an order dated 29 February 2024 passe...

High Court

Bombay High Court Allows Return of Dispute to Civil Court in Co-operative Society Employee Termination Case — Jurisdictional Bar Under Section 91 MCS Act Does Not Preclude Return Under Order VII Rule 10 CPC. The court held that the Co-operative Court lacked jurisdiction over service disputes but could return the plaint under Order VII Rule 10 CPC for presentation before the Civil Court.

6 Aug 2024

The petitioner, Madhukar Mahadev Patil, was an employee of the Sangli Zilla Madhyawarti Sahakari Bank Ltd., a co-operative society. He was terminated ...

High Court

Bombay High Court Quashes Recovery Certificate Against Guarantor in Cooperative Bank Loan Fraud Case — Violation of Natural Justice. Failure to Provide Documents and Pass Reasoned Order Renders Recovery Proceedings Invalid Under Maharashtra Cooperative Societies Act, 1960.

2 Jan 2023

The petitioner, Tarulata Amritlal Bava, filed a writ petition under Articles 226 and 227 of the Constitution challenging a Recovery Certificate dated ...

High Court

Bombay High Court Allows Petition by Ex-Committee Members Challenging Their Removal and Appointment of Administrator Under Maharashtra Co-operative Societies Act. Court holds that removal of committee members without show cause notice and without giving opportunity of hearing is violative of principles of natural justice and Section 78 of the Act.

18 Sep 2019

The petitioners, seven individuals who were former members of the managing committee of Shilpa Premises Co-operative Society Limited, challenged an or...

High Court

Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

16 Apr 2019

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

Bombay High Court Allows Writ Petition Challenging Auction Sale of Guarantor's Property Without Notice Under Maharashtra Cooperative Societies Act. Court holds that sale of property belonging to a guarantor without notice under Section 101 and Rule 107 is void and liable to be set aside.

7 Aug 2018

The petitioner, Amit P. Modi, filed a writ petition challenging the auction sale of his property by the respondent no.5 society, for which he was a gu...

High Court

Bombay High Court Dismisses Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient.

16 Jul 2015

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition u...

High Court

Bombay High Court Quashes Show Cause Notice in Co-operative Housing Society Dispute — Deputy Registrar Lacked Jurisdiction to Record Disqualification Under Section 73(1AB) Without Prior Inquiry. The court held that a finding of disqualification under Section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960 cannot be recorded without affording an opportunity of hearing to the affected members.

10 Aug 2012

The petitioner, Vithal Nagar Co-operative Housing Society Ltd., challenged an order-cum-show cause notice dated 9.11.2011 issued by the Deputy Registr...

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