Bombay High Court
Prabhakar Gangadhar Chimanpure (Dead) ... vs Sudhir Co-Operative Society Ltd., ... on 15 November, 2022
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 5-wp-6247-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6247 OF 2022
Prabhakar Chimanpure and others
Vs.
Sudhir Co-operative Society Ltd.
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. C.A. Joshi, Advocate for the Petitioners
CORAM: AVINASH G. GHAROTE, J.
DATED : 15th NOVEMBER, 2022.
It is contended that there is no dispute regarding the original disputant being a member of the respondent - Society. It is further contended that the land adjacent to the plot allotted to the original disputant, was agreed to be transferred in faovur of disputant by way of a resolution passed by the managing committee of the Society in the year 1974 pursuant to which consideration payable therefor was deposited, which allotment was confirmed in the year 1995 by the managing committee of the Society. The Co-operative Court by judgment dated 23/08/2021 has allowed the dispute, which has been dismissed by the Appellate Court by the judgment dated 10/03/2022 holding that since the dispute claims specific performance, it was beyond the domain of the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act. Since it is not in dispute that the original disputant was member of 2 5-wp-6247-22.odt the society and the adjacent land of which allottment was made to him belonged to the society, prima facie it would be a dispute between the member and the Society and therefore, covered by Section 91 of the MCS Act.
Issue notice for final disposal returnable in four weeks.
JUDGE MP Deshpande Digitally signed by:MILIND P DESHPANDE Signing Date:16.11.2022 10:44