Document Fragment View

Matching Fragments

41. In the decision of this court in the case of Bombay Catholic Co-operative Housing Society Ltd. relied upon by the learned counsel for respondent no. 1, the issue was regarding an order of bifurcation of the society being hit by the provisions analogous to res judicata with reference to the contentions regarding the findings recorded by the Officer in dispute proceedings under sections 91 to 96 of the MCS Act of 1960 and if they were binding on the Assistant Registrar. This Court held that the power of bifurcation of society can only be exercised by the authority mentioned in Section 18 of the MCS Act on its satisfaction that division of the society is essential in the public interest or in the interest of the cooperative movement or for the purpose of securing the proper management of any society and that 3-WP-2249-1997.docx the order for division of the society can be passed by the concerned authority only upon compliance of the procedure prescribed in section 18 based on the grounds stated therein and the consideration of division of society was not and could not have been the subject matter of the dispute under section 91 of the MCS Act of 1960. Thus, the legal principles settled by this court in the case of Bombay Catholic Co-operative Housing Society Ltd. are not directly applicable to the controversy in the present case.