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Bombay High Court Allows Writ Petition Challenging Stay on Appointment of Special Auditor Under Maharashtra Cooperative Societies Act. Order under Section 81(3)(c) for Test Audit Held Administrative, Not Quasi-Judicial, Hence Revision Under Section 154 Not Maintainable.

The petitioners, complainants, sought a test audit of respondent No.6 society under Section 81(3)(c) of the Maharashtra Cooperative Societies Act, 196...

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High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

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Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

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Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...

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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 Quashes Information Commissioner's Order Against Cooperative Society Under RTI Act — Cooperative Society Not a 'Public Authority' Under Section 2(h) of Right to Information Act, 2005

The petitioner, Rajeshwar Majoor Kamgari Sahakari Sanstha Limited, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1...

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Bombay High Court Dismisses Petition Challenging Revocation of Disqualification of Directors in Cooperative Society. Disqualification under Section 78 of Maharashtra Cooperative Societies Act, 1960 set aside due to lack of inquiry and violation of natural justice.

The petitioners, Ravindra Bhaurao Patil Shishode and Subhash Marutirao Patil Shishode, filed a writ petition challenging the order dated 30 July 2009 ...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...