restrictions or regulations contemplated by
Section 45 of the MCS Act. Section 79A of the MCS Act empowers
the State Government to give directions ... which significantly includes Section 45 of the MCS Act. Moreover,
Section 91 of the MCS Act was amended in 1969 by which a
reference
Civil Court even of the award
passed under Section 91 of the MCS Act, the principles of
restitution would become applicable. However ... MCS Act and therefore in sum
and substance there is no reversal of the award passed under
Section 91 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
society under the MSCS
Act. The statute in question was the Maharashtra Cooperative
Societies Act, 1960 ("the MCS Act "), and the issue before ... Court, in the backdrop of Section 91 of the MCS Act. Section 91 of
the MCS Act read thus:
"91. Disputes
member of the Society in terms of
the provisions of Section 91 read with Section 101 of the said Act,
Petitioners claim ... alternative statutory remedy available
to the Petitioners under Section 78 read with Section 91 of the said
Act; that the election should
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
Government Resolution. This part, perusal of
the provisions of Section 79A and more particularly, sub-section (3), it is
clear that there is discretion with ... Society can invoke the jurisdiction of
the Cooperative Court under section 91 of the Act. Hence, such
contention cannot be raised by respondent
impugned the certificate under Section 100
of the Maharashtra Cooperative Societies Act, 1960 (for short "the
MCS Act ") issued by respondent ... bank before the Co-operative Court under Section 91 of the
MCS Act, nor was a party to the consent terms. According
membership, are two distinct issues
governed by two definite provisions of MCS Act and
therefore Society cannot deny membership simply because,
the predecessor-in-title ... granted liberty to the Society to adopt appropriate
proceedings, either under Section 91 or Section 101 of the
Maharashtra Co-operative Societies Act
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
