The High Court rejected the writ petition for lack of jurisdiction, noting an alternate remedy existed under the Maharashtra Cooperative Societies Act for disputes between societies and members. Relief was dismissed.
Petition rejected; petitioner directed to avail alternate remedy under law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5070 OF 2015
Arvind Ramvallabh Rungta & Ors. .. Petitioners Versus M/s. Patel Group & Co. and Ors. .. Respondents
Mr. Chandrakant Tanawade & Induprakash Tripathi for petitioners Mr. Mayur Khandeparkar with Sanjay Kadam, Ms. Apeksha Sharma, Sanjeet Kadam, Sayalee Rajpurkar i/b. Kadam & Co. for respondent Nos. 1 and 2.
CORAM : B.R.GAVAI & M.S.KARNIK, JJ. DATE : 25th September 2017.
P.C.
1] The petition basically challenges the resolution taken by the respondent Nos. 3 and 6 in its general body meeting with regard to re-development of respondent No.3.
2] It, therefore, appears to be a dispute between the society on
the one hand and its members on the other hand. Under the provisions of Maharashtra Cooperative Societies Act, the Cooperative Court can very well go into the dispute with regard to
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the society and its members.
3] In view of the availability of alternate remedy, we are not inclined to entertain this petition under our extra ordinary jurisdiction under Article 226 of the Constitution.
4] The petition is rejected relegating the petitioner to avail the alternate remedy available in accordance with law. It is made clear that if there is any delay in taking recourse to the proceedings, the petitioner would be entitled to benefit under section 14 of the Limitation Act.
2 issues framed by the court
Whether the High Court can entertain this writ petition regarding redevelopment of a society when there is an alternate remedy under the Cooperative Societies Act.
Whether the petitioner is entitled to benefit under Section 14 of the Limitation Act due to delay in taking recourse to alternate proceedings.
3 provisions across 3 enactments
Arvind Ramvallabh Rungta & Ors.
M/s. Patel Group & Co. and Ors.
B.R. Gavai
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
