Dismissed

Eemkay Electrics Motor, Nagpur Thr Its Shri Vijay S/O Ramnarayan Kher v. the Addl. Commissioner and Special Registrar, Cooperatives Societies, Pune and Others

Bombay HC8 Jan 2018WP/390/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench dismissed writ petitions filed by companies seeking permission under Section 107 of the Maharashtra Cooperative Societies Act to file disputes under Section 91. The court held the impugned order rejecting the vague prayers was correct.

What did the court decide?

The writ petitions were disposed of with no cost awarded to any party.

Eemkay Electrics Motor, Nagpur Thr Its Shri Vijay S/O… — Service and Employment | Bombay HC (2018)

Order

0801wp389.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO. 389/2016.

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Wox Collers Pvt. Ltd. - VERSUS- The Additional Commissioner and Special Registrar and another. WRIT PETITION NO. 390/2016.

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Eemkay Electrics Motor, - VERSUS- The Additional Commissioner and Special Registrar and another. WRIT PETITION NO. 391/2016.

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Ashirwad Movietone Pvt. Ltd. - VERSUS- The Additional Commissioner & Special Registrar and another. WRIT PETITION NO. 392/2016.

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Wox Appliances (I) Ltd. - VERSUS- The Additional Commissioner and Special Registrar and another.

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-------------------------------------------------------------------------------------------------------------------------------–-----------------Office notes, Office Memoranda of

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Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

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DATE : JANUARY 08, 2018.

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Heard Shri A.M. Ghare, learned counsel for

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the petitioners, Ms. N.P. Mehta, learned A.G.P. for respondent no.1 and Shri S. Deshpande, learned counsel for respondent no.2.

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Petitioners who have received notice before recovery dated 10.11.2015, from a Liquidator of

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a Cooperative Bank (under Liquidation), sought permission under Section 107 of the Maharashtra Cooperative Societies Act from the Registrar and the

Order

0801wp389.16

said prayer has been rejected by pointing out that for filing a dispute under Section 91 of the Act, an application under Section 106 of the Act could have been filed. This rejection is on 17.12.2015. It is questioned before this Court in present Writ Petitions filed on 14.01.2016. This Court has on 20.01.2016 issued notice and granted ad-interim relief. With the result, recovery proceedings could not commence.

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The recovery as alleged is of Rs.93,36,547/-, Rs.2,83,27,989/-, 1,37,93,122/- and Rs. 1,48,10,121/- respectively.

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After hearing the respective counsel we find that in application under Section 107 of the Act, petitioners no where state that they wanted to file a Dispute under Section 91 of the Act. Prayer is vague and in it, the applicants/petitioners, seek leave to file/lodge appropriate legal proceedings against respondent Bank.

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Section 107 speaks of Suit, while Section 106 contemplates dispute under Section 91. Because of this position, as applications are filed under Section 107 with vague prayer, impugned order has been passed.

Order

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We do not find anything wrong with order so passed. It is open to petitioners to file appropriate application and seek permission. Writ Petitions are accordingly disposed of. No cost.

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JUDGE JUDGE

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Rgd.

Eemkay Electrics Motor, Nagpur Thr Its Shri Vijay S/O Ramnarayan Kher v. the Addl. Commissioner and Special Registrar, Cooperatives Societies, Pune and Others

Case brief

What is this about?

What did the court decide?

Eemkay Electrics Motor, Nagpur Thr Its Shri Vijay S/O Ramnarayan Kher v. the Addl. Commissioner and Special Registrar, Cooperatives Societies, Pune and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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