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Documents citing Wadala Shri Ram Industrial Premises ... vs Kotecha & Company And Ors. on 11 June, 2001

Shri. Haresh Motiram Aswani vs The Divisional Joint Registrar, ... on 14 August, 2019

The scope of enquiry in Appeal under section 152 will have to be limited as to whether the Registrar had rightly exercised its jurisdiction while passing the order under section 13 of the said Act, registering the amendment of bye-law of the Society. The Appeal under 152 of the Act being in continuation of the Order passed by the Registrar in exercising the powers under section 13 of the Act, the scope of such an Appeal will have to be limited to the nature of enauiry that can be made by the Registrar while registering or refusing to register the amendment of bye-laws of the Society. In such cases, the petitioners or the aggrieved 13/15 ::: Uploaded on - 16/08/2019 ::: Downloaded on - 16/04/2020 22:04:52 ::: 20-WP.8042-2016.doc members will have to file dispute under section 91 of M.C.S. Act. A safe reliance can be placed on the decision of this Court in the case of Wadala Shri Ram Industrial Premises Co-Operative Society Ltd. Vs. Kotecha & Company (M/s) & Ors., reported in 2001 (4) Bom.C.R. 365 : 2001 AIR (Bombay) 464 : 2001 (4) ALL M.R. 36 : 2001 (4) Mh. L.J. 616. I find substance in the submission of Mr. Sakhare, the learned counsel that, opposition to the amendment to bye-laws would give rise to a dispute touching the management or business of the Society, as contemplated under Section 91 of M.C.S and therefore the Co-Operative Court will have jurisdiction to resolve the said dispute.
Bombay High Court Cites 11 - Cited by 0 - A S Gadkari - Full Document

Shri. Haresh S. Bodani And Ors vs The Divisional Joint Registrar, ... on 14 August, 2019

The scope of enquiry in Appeal under section 152 will have to be limited as to whether the Registrar had rightly exercised its jurisdiction while passing the order under section 13 of the said Act, registering the amendment of bye-law of the Society. The Appeal under 152 of the Act being in continuation of the Order passed by the Registrar in exercising the powers under section 13 of the Act, the scope of such an Appeal will have to be limited to the nature of enauiry that can be made by the Registrar while registering or refusing to register the amendment of bye-laws of the Society. In such cases, the petitioners or the aggrieved 13/15 ::: Uploaded on - 16/08/2019 ::: Downloaded on - 16/04/2020 22:04:48 ::: 20-WP.8042-2016.doc members will have to file dispute under section 91 of M.C.S. Act. A safe reliance can be placed on the decision of this Court in the case of Wadala Shri Ram Industrial Premises Co-Operative Society Ltd. Vs. Kotecha & Company (M/s) & Ors., reported in 2001 (4) Bom.C.R. 365 : 2001 AIR (Bombay) 464 : 2001 (4) ALL M.R. 36 : 2001 (4) Mh. L.J. 616. I find substance in the submission of Mr. Sakhare, the learned counsel that, opposition to the amendment to bye-laws would give rise to a dispute touching the management or business of the Society, as contemplated under Section 91 of M.C.S and therefore the Co-Operative Court will have jurisdiction to resolve the said dispute.
Bombay High Court Cites 11 - Cited by 0 - A S Gadkari - Full Document

Ajit Ramchandra Inamdar vs The Divisional Joint Registrar on 30 September, 2008

15. Mr Godbole, the learned counsel for the Petitioner also placing reliance on the judgment of ::: Downloaded on - 09/06/2013 13:55:18 ::: ( 7 ) Laxmi Co-operative Housing Society Ltd vs. Kantilal Champaklal Kothari and Ors (1998) 9 Supreme Court Cases 629 and another judgment of the learned Single Judge of this Court in the case of Wadala Shriram Industrial Premises Co-operative Society Limited, Mumbai vs. Kotecha And Co. and others 2001 (4) Mh.L.J.616, Mh.L.J.616 urged that the enquiry in the appeal filed u/s 152 of the M.C.S. Act challenging order u/s 13 exercised has to be limited, as to whether Registrar had rightly his jurisdiction while passing order under Section 13 of the Act?
Bombay High Court Cites 11 - Cited by 0 - V C Daga - Full Document

Shri. Samadhan Uttreshwar Mane ... vs The Commissioner Cum Registrar ... on 1 March, 2024

1. This petition was substantially heard by me. However, learned counsel for the petitioner submits that in view of the legal position as laid down in the decision of this Court in case of Wadala Shri Ram Industrial Premises Co-operative Society Limited Vs Kotecha & Company and Ors1, learned counsel for respondent no.4, seeks leave to withdraw the Appeal No. 11 of 2020, filed before the Deputy Registrar, Cooperative Societies(Fisheries), Maharashtra State, 1 2001 (4) Mh. L.J. Page no. 1 of 3 ::: Uploaded on - 06/03/2024 ::: Downloaded on - 25/03/2024 15:38:39 ::: 86-wp-3501-2021.doc Mumbai with liberty to challenge order dated 28th January 2016 passed by the Assistant Registrar, Cooperative Societies (Milk), Solapur, by filing Dispute before the Cooperative Court.
Bombay High Court Cites 1 - Cited by 0 - G Godse - Full Document

Annabhau Sathe Magasvargiya ... vs The State Of Maharashtra Through The ... on 26 June, 2024

2. Learned advocate appearing for the petitioner relying upon the law laid down by this Court in case of Wadala ShriramIndustrial Premises Cooperative Society Limited, Mumbai Vs. Kotecha and Company and others reported in 2001 (4) Mh.L.J. 616 submits that respondent no.7 could not have challenged the order in revision. In fact, the remedy is to file the dispute in terms of section 91 of the Maharashtra Cooperative Societies, Act.
Bombay High Court Cites 2 - Cited by 0 - Full Document
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