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 of Co-operative Bank and Recovery Officer Challenging Revisional Order Setting Aside Auction Sale. The Court held that non-compliance with Rule 107(4) notice under Maharashtra Co-operative Societies Rules, 1961 is not fatal to the auction sale if the sale is otherwise valid and the borrower had knowledge of the proceedings.

13 Oct 2011

The petitioners, the Manager and Special Recovery Officer of Adarsh Mahila Nagri Sahakari Bank Ltd., filed a writ petition under Articles 226 and 227 ...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

4 Oct 2011

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...

High Court

Bombay High Court Allows Writ Petition Challenging Recovery Proceedings Under Maharashtra Cooperative Societies Act — Failure to Provide Loan Documents and Proper Hearing Violates Principles of Natural Justice. Recovery Certificate Quashed and Matter Remanded for Fresh Consideration with Opportunity of Hearing.

30 Nov -0001

The petitioners, a partnership firm and its partners, filed a writ petition challenging the recovery proceedings initiated by respondent No.3, the Vai...

High Court

High Court of Karnataka Kalaburagi Bench Adjudicates Batch of Writ Petitions Seeking Striking Down of Section 28A(5) and 28-B(2) of the Co-operative Societies Act and Quashing of Government Order. Petitioners included members and elected office bearers of co-operative societies, challenging the constitutional validity and workability of the provisions.

16 Oct 2020

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High Court

Bombay High Court Dismisses Petition Challenging Revision Order Under Section 154 of Maharashtra Cooperative Societies Act, 1960 — Appointment of Managing Committee Members Without Election Held Invalid. Revisional Authority Has Power to Examine Legality and Propriety of Subordinate Orders.

17 Feb 2015

The petitioners, who were managing committee members of New Shantivan Cooperative Housing Society Ltd., challenged an order dated 25 September 2014 pa...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Order in Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under MCS Act, 1960. The court held that the dispute regarding common amenities and parking spaces between a cooperative housing society and its members is exclusively triable by the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil court jurisdiction is 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 Quashes Auction Sale in Co-operative Bank Recovery for Non-Compliance with Rule 107 of Maharashtra Co-operative Societies Rules, 1961. Sale Set Aside Due to Failure to Follow Mandatory Procedure and Lack of Proper Notice to Borrower.

18 Jul 2012

The petitioner, M/s. Puran Automobiles, a partnership firm, had taken a loan from the respondent Janta Sahakari Bank Ltd. The Bank obtained a certific...

High Court

Bombay High Court Allows Petition Challenging Minister's Order Cancelling Bifurcation of Cooperative Society — Upholds Division of Commercial and Residential Buildings Under Section 18 of MCS Act. The court held that the Minister's order was based on erroneous grounds regarding consultation with a non-existent federal society and improper calling of objections, and that the long-standing independent functioning of the bifurcated societies warranted restoration of the bifurcation.

10 Jun 2024

The Bombay High Court allowed a writ petition challenging the order of the Minister under Section 152 of the Maharashtra Co-operative Societies Act, 1...

High Court

Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

30 Nov -0001

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

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