against the Petitioner
under Section 101 of the Maharashtra Co-operative Societies Act,
1960 (for short, "the MCS Act "). By the said notice ... dispute bearing No.263 of 2012
under Section 91 of the MCS Act and thereby, challenged notice dated
9 July 2012. On the same
interference under Section 91 of the
Maharashtra Cooperative Societies Act, 1960. What Section 91
contemplates is a dispute touching the constitution, management ... Section 10 of the Maharashtra
Ownership Flats Act is a matter of policy and wisdom of the
general body. Section 72 of the MCS Act
Act, 1996 (for short, "the Act") and Commercial Arbitration
Petition No. 17 of 2022 is filed under Section 9 of the Act ... Indian Arbitration &
Conciliation Act, 1996 as also u/s. 91 of MCS Act, 1960 as
amended up to date or by referring
said Annual General Body Meeting under
Section 91 of the said MCS Act and thus cannot dispute the authenticity
and correctness of the minutes ... said resolution by filing a
dispute under Section 91 of the MCS Act and thus the said resolution is
binding on all the members
Section 164
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13 sa417.10.odt
of the MCS Act ... appropriate to refer to
Section 91 of the MCS Act. Perusal of Section 91 shows that
it also uses the expression "act
provisions of Section 73CA read with section 78
KHUNTE
29-wp3133.23.odt
2/7
(a) of the MCS Act for not having complied ... contemplated by
section 73CA (i) to (ix) of the MCS Act (pg.35). It is
contended that this was clearly an act of intentional
suppression
that no notice under Section 164 of 1960 Act was
required as the dispute was within the ambit of
Section 91 ... dues in view of jurisdiction
exclusively created under Sec.101 of the MCS
Act. But the Ld. Trial Court, instead of framing
additional issue, instead
right to file
an application under section 91 of the MCS Act. Unless
the dues payable to the creditor of the society are
quantified ... MCS Act . Apart from
this, the dispute between the petitioner and the
respondent does not touch the business of the society as
contemplated
relation to the scope of power under Section 101
of the MCS Act vis-a-vis Section 91 of the MCS Act is well ... MCS Act by a member or
a person claiming through member. In absence of challenge to
such resolution under Section 91 , the member
Act "), and therefore, in light of the bar created under
Section 163 (1) (b) of the MCS Act, the suit was not
maintainable ... Act, indicate that the dispute against a surety of a
member is within the framework of Section 91 of the
M.C.S. Act
