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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.