Bankruptcy Act, 1993("RDB Act")and
the Cooperative Courts under the Maharashtra Cooperative
Societies Act, 1960 (" MCS Act ") are barred from ... Section
2(d) read with Section 2(e) of the RDB Act, the bar under Section
18 cannot automatically apply to proceedings under Section 91
Section 91 of the MCS Act and
Sections 17 and 18 of the RDB Act. Section 91 of the MCS,
Act confers jurisdiction ... matter specified under Section 17 of the RDB Act is expressly
barred by Section 18 of the said Act. Section 91 and Sections
Section 91 of the MCS Act and
Sections 17 and 18 of the RDB Act. Section 91 of the MCS,
Act confers jurisdiction ... matter specified under Section 17 of the RDB Act is expressly
barred by Section 18 of the said Act. Section 91 and Sections
Section 91 of the MCS Act and
Sections 17 and 18 of the RDB Act. Section 91 of the MCS,
Act confers jurisdiction ... matter specified under Section 17 of the RDB Act is expressly
barred by Section 18 of the said Act. Section 91 and Sections
development process, which is beyond the purview of
Section 91 of MCS Act; and
(c) barred by limitation.
REPLY OF THE PETITIONERS ... Civil Courts jurisdiction which is otherwise
unlimited, was barred under Section 163 of MCS Act qua any dispute
required to be referred
process and thereafter initiate an
election dispute under Section 91 of the MCS Act, which is a time-
consuming and cumbersome remedy ... certificate under Section 101
or an award under Section 91 of the MCS Act, a candidate cannot
be disqualified merely on the basis
members of the Society. He would submit that Section 91 of the
MCS Act has no application in respect of the impugned General Body ... provisions of Section 91
of the MCS Act, after amendment of the MCS Act in 2019 by insertion of
Chapter XIII-B therein, this
contended that in view of Section 35 of the SARFAESI
Act, resort to provisions of the MCS Act cannot be taken by a
cooperative bank ... borrower-
company under Section 91 of the MCS Act. The proceeding filed
under Section 91 of the MCS Act was allowed
contended that in view of Section 35 of the SARFAESI
Act, resort to provisions of the MCS Act cannot be taken by a
cooperative bank ... borrower-
company under Section 91 of the MCS Act. The proceeding filed
under Section 91 of the MCS Act was allowed
MCS Act.
He submitted that while determining jurisdiction, the Court must
examine whether the parties fall within the categories mentioned
in Section 91 ... Administrator. His rights depend wholly
on the society's acts. Hence, Section 91 squarely applies. The
Cooperative Court therefore has jurisdiction to decide
