The High Court rejected a writ petition seeking relief that was already available under Section 91 of the Maharashtra Cooperative Societies Act. It held that a member and the society cannot relitigate the same dispute in the High Court after approaching the competent Cooperative Court.
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.
WP. 5727-17
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Writ Petition No. 5727 of 2017
Kumar Krishna D. Pathak … Petitioner Versus Cuffe Castle Co-Op. Housing Society Ltd. And Ors. … Respondents ***
The Petitioner in person - present. None for the Respondents.
CORAM : B. R. GAVAI, & RIYAZ I. CHAGLA, JJ. DATE : JULY 20, 2017 PC.
hand, and the Respondent co-operative Society on the other hand. The Petitioner has already invoked jurisdiction of the Co-operative Court under Section 91 of the Maharashtra Cooperative Societies Act.
Society on the other hand, Cooperative Court is a competent forum to
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WP. 5727-17
decide the said dispute. Even otherwise, the Petitioner having elected to pursue the remedy under Section 91 of the said Act, in our view, he is not entitled to again invoke jurisdiction of this Court under Article 226 of the Constitution of India for the very same relief. Writ petition is therefore rejected, relegating the Petitioner to take recourse to the alternate remedy which is available for him in law.
Sd/Sd/[RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J.]
Vinayak Halemath
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2 issues framed by the court
Whether a member of a cooperative society disqualified from invoking Article 226 jurisdiction after approaching the Cooperative Court under Section 91 of the Maharashtra Cooperative Societies Act for
Whether the High Court has jurisdiction to entertain a writ petition when the petitioner has already elected to pursue remedies under the Cooperative Societies Act.
2 provisions across 2 enactments
Kumar Krishna D. Pathak
Cuffe Castle Co-Op. Housing Society Ltd.
B. R. Gavai
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
