Act, 1960 (MCS Act ) is to be decided. The issue has been framed
thus:
Whether this Court's jurisdiction is barred under Section 91 ... respect of any restriction or regulation imposed
under Section 45 of the MCS Act.
10. Sections 43 & 44 which relate to restriction on borrowing
Act is the provision that speaks of
jurisdiction being barred. Even Section 163 does not prevent filing
of a dispute under Section 91 ... business
of the society. The Act nowhere states that where Section 83 or
Section 88 is invoked, Section 91 cannot be used for recovery
legality of resolutions can be challenged only under Section
91 of the MCS Act and therefore the same is within the domain ... submit that it is in this context that
under Section 89A of the MCS Act, Respondent No. 7 issued 3 Show
Cause Notices dated
legality of resolutions can be challenged only under Section
91 of the MCS Act and therefore the same is within the domain ... submit that it is in this context that
under Section 89A of the MCS Act, Respondent No. 7 issued 3 Show
Cause Notices dated
aside the permission
granted by the Corporation. Section 91 of the MCS Act, nowhere
contemplates and/or provides the power and/or authority ... that the alleged plaint attracts the bar of Section 91 of the MCS
Act, in my view, is incorrect approach. The question
aside the permission
granted by the Corporation. Section 91 of the MCS Act, nowhere
contemplates and/or provides the power and/or authority ... that the alleged plaint attracts the bar of Section 91 of the MCS
Act, in my view, is incorrect approach. The question
dispute under Section 91
of the MCS Act. He specifically refers to proviso to Section 91
57. CRA 30 of 2025 ... within the meaning industrial dispute under Section 2 (k) of
the ID Act and consequently, proviso to Section 91 (1) of the
MCS Act
operative Societies (for short "MCS") Act. The next
contention is that the dispute under Section 91 ... MCS Act, was hit by Section 164 of the MCS Act.
4. Taking the second plea first, it would be
pertinent to note, that Section
submission, I have carefully
perused Section 91 of the MCS Act. Section 91 contemplates that
both parties to the dispute must fall within ... other
categories enumerated in clauses (a) to (e) of sub-section (1) of
Section 91 . The petitioner falls within the category
Act, 1949 , would become
unconstitutional. The Parliament can amend Section 84 of the MSCS
Act, and it could enact the SARFAESI Act . Similarly, power ... contained in Sections 69 and 69A of the Transfer of Property Act,
1882. Section 13 or other provisions of the SARFAESI Act do not
interfere
