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Search Results for "cooperative society dispute"

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High Court

Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

9 Oct 2025

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

High Court

High Court of Karnataka Quashes Registrar's Order in Co-operative Society Dispute — Restoration of Additional Registrar's Order Upheld. Writ of Certiorari issued against appellate order for lack of jurisdiction and violation of natural justice under Karnataka Co-operative Societies Act, 1959.

11 Jul 2025

The petitioners, who were members of a co-operative society, challenged an order dated 12.08.2021 passed by the Registrar of Co-operative Societies (R...

High Court

Bombay High Court Dismisses Petition by Co-operative Housing Society Challenging Expulsion of Member for Non-Compliance with Mandatory Notice Requirements. Failure to Serve One-Month Advance Notice with Agenda of Expulsion Renders Resolution Invalid Under Section 35 of Maharashtra Co-operative Societies Act, 1960 and Rule 29 of Maharashtra Co-operative Societies Rules, 1961.

12 Jul 2024

The petitioner, a Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act, 1960, sought to challenge the orders of th...

High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

High Court

Bombay High Court Sets Aside Arbitral Award Against Guarantor Due to Limitation Bar and Lack of Membership Under Multi-State Cooperative Societies Act, 2002. The court held that a person who merely recommends a loan but is not a member of the cooperative society cannot be treated as a guarantor, and the claim filed beyond the limitation period is barred.

10 Mar 2011

The petitioner, Radheshyam S. Gupta, challenged an arbitral award dated 13 August 2008 passed under Section 84 of the Multi-State Cooperative Societie...

High Court

Bombay High Court Allows Redevelopment of C-1 Building Despite IBC Moratorium — Development Rights Not Asset of Corporate Debtor. Cooperative Housing Society's Right to Redevelop Its Property Upheld Against Resolution Professional's Interference.

11 Sep 2024

The Petitioner, Kher Nagar Sukhsadan Co-operative Housing Society Ltd., owned a building on land leased from MHADA. In 2005, it entered into a Develop...

High Court

Bombay High Court Dismisses Developer's Appeal Against Proposed Cooperative Society in Suit for Declaration and Injunction — Flat Purchasers' Rights Protected Under Maharashtra Ownership Flats Act, 1963.

27 Nov 2018

The appellant, M/s. Atishay Realtors Pvt. Ltd., a developer, filed an appeal against an order of the City Civil Court, Mumbai, which granted ad-interi...

High Court

Bombay High Court Dismisses Petition Against Cooperative Bank in Recovery Proceedings Under Maharashtra Cooperative Societies Act. Court holds that the petitioner failed to establish any legal right or that the bank's actions were without jurisdiction or in violation of principles of natural justice.

9 Dec 2025

The petitioner, a cooperative bank, filed a writ petition challenging the recovery proceedings initiated by the respondent cooperative bank. The petit...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society's Resolution to Demolish and Reconstruct Building — Petitioners Failed to Show Violation of Statutory Provisions or Bye-laws. The court held that the resolution passed by the requisite majority is binding on all members, including dissenting members, and no interference under Article 226 is warranted.

11 Apr 2018

The petitioners, who are partners of M/s. Remedios Brothers Brick Manufacturing Co., a partnership firm, filed a writ petition challenging a resolutio...

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