relegated to the alternate remedy of filing Revision under Section 154 of
the MCS Act, 1960.
4 RULE. Rule made returnable forthwith and heard ... Petitioner desired to file a
Dispute under Section 91 of the MCS Act, 1960 and only in such dispute,
Petitioner can lead evidence, produce
Cooperative Societies Act, 1960 ('the MCS Act '), as it stood prior to
the introduction of Chapter VIIIB of the MCS Act ... expressly excluded from the scope of disputes under Section 91 of
the MCS Act.
3. Hence, there shall be interim relief in terms
arises out of an order passed under
Section 152A of the Maharashtra Cooperative Societies Act, 1960
(MCS Act ). The election process has already been completed ... open to be agitated in the proceedings under Section 91 of the
MCS Act.
3. The writ petition is, accordingly, disposed of.
(AMIT BORKAR
petitioner filed dispute
under Section 91 of the Maharashtra Co-operative Societies
Act, 1960 (hereinafter referred to as MCS Act ) being Co-
operative Case ... raised in a proceeding under Section 91 of the MCS
Act. The learned Appellate Court has held that the Developer
was not a member
JUDGMENT:
1. This petition comes from proceedings under Section 22(2) of
the Maharashtra Cooperative Societies Act, 1960. The petitioner's
claim for membership ... Dispute No. 485 of 1994 filed
under Section 91 of the MCS Act by the petitioner's father. In that
case, the petitioner
appropriate remedy was to file a dispute under Section 91 of the
Maharashtra Co-operative Societies Act, 1960. He submits that
despite having
decide only
those disputes which the Act clearly permits him to decide. Under
the Maharashtra Co-operative Societies Act, 1960 , the Registrar
can look into ... involves substantive
rights and requires detailed evidence, the Act provides a separate
remedy under Section 91 . Therefore, when the petitioner chose an
incorrect forum
beyond
the domain of the Co-operative Court under Section 91
of the Maharashtra Co-operative Societies Act. Since it is
not in dispute ... member and the Society
and therefore, covered by Section 91 of the MCS Act.
Issue notice for final disposal returnable in
four weeks.
JUDGE
recovery of the loan amount under
Section 101 of the Maharashtra Co-operative Societies Act, 1960
N.S. Kamble page 1 of 4
::: Uploaded ... Bank to file before Maharashtra
Co-Operative Court under Section 91 of MCS Act.
(b) Pending the hearing and final disposal all
further proceedings
beyond the jurisdiction of
this Court. The explanation provided to section 91 is
debarred to this court to entertain any dispute against the
order ... said
authority is illegal. The applicant has remedy under
provision of MCS Act against the order of said authority. ..."
3. The learned counsel appearing
