Disposed

Khwaja Garib Nawaz Co. Op Hsg Soc Ltd. Thr Its Chief Promoter v. Divisional Joint Registrar Co. Op Soc and Ors.

Bombay HC16 Jan 2024WP/633/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a rejection of a bank account opening request by a cooperative society, holding that the statutory remedy under Section 154 is available as of right and writ jurisdiction is not maintainable absent exceptions from Whirpool Corporation.

What the court decided

AI extract

Khwaja Garib Nawaz Co. Op Hsg Soc Ltd. Thr Its Chief… — Cooperative Societies | Bombay HC (2024)

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28-wp-633-2024.doc

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Nikita

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.633 OF 2024

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NIKITA KAILAS DARADE

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Digitally signed byNIKITA KAILAS DARADE Date: 2024.01.16 16:56:01 +0530

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Khwaja Garib Nawaz Co-operative
Housing Society Ltd. Thr. Its Chief
Promoter
V/s.
Divisional Joint Registrar Co-operative
Societies and Ors.

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… Petitioner

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… Respondents

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WITH

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INTERIM APPLICATION (ST.) NO.1491 OF 2024

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Budhpur Buildcon Pvt. Ltd.… Applicant

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In the matter between

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Khwaja Garib Nawaz Co-operative
Housing Society Ltd. Thr. Its Chief
Promoter… Petitioner
V/s.
Divisional Joint Registrar Co-operative
Societies and Ors.… Respondents

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… Respondents

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Mr. Vijay Kurle a/w Ravindra Bhosale i/b Mr. Manohar
V. Shetty for the Petitioner.
Mrs. V. S. Nimbalkar, AGP for the State/Respondent
Nos. 1 and 2.

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Ms. Neha Nagotanekar for Respondent No.4.
Mr. Bhushan Deshmukh a/w Ms. Aayushi Gohil a/w
Mr. Umair Merchant, for the Intervener.

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CORAM :AMIT BORKAR, J.

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DATED:JANUARY 16, 2024

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P.C.:

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1.The challenge in this petition is to the order passed by the
Appellate Authority in exercise of power under Section 152 of

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28-wp-633-2024.doc

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Maharashtra Cooperative Societies Act, 1960. Wherein, the
application for reservation of name of opening of bank account
filed by the appellant has been rejected.

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1.The order impugned in the appeal was passed in exercise
of power under Section 9 of Maharashtra Cooperative Societies
Act, 1960. Against such order, the aggrieved person has a remedy
under Section 152 of the Maharashtra Cooperative Societies Act,
1960. Against the decision of Divisional Joint Registrar, under
Section 152, the aggrieved person has remedy under Section 154
of the Maharashtra Cooperative Societies Act, 1960.

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2.The Full Bench of this Court in the case of Shireen
Sami Gadiali and Anr. Vs. Spenta Cooperative Housing
Society Ltd. and Ors. reported in(2011) 3 Mah. LJ. 486 held
that the remedy under Section 154 can be invoke by the parties as
of right. Therefore, it is held that exercise of power by the Writ
Court in extraordinary constitutional jurisdiction is uncalled for,
unless the case is covered by the exceptions laid down by the Apex
Court in the case of Whirpool Corporation Vs. Registrar of
Trade Marks Mumbai reported in(1998) 8 SCC 1. Therefore,
the petitioner is at liberty to challenge the impugned order by way
of revision before the State government.

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1.With the said liberty, the writ petition stands disposed
of.

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2.In view of disposal of writ petition, the intervention
application stands disposed of. No costs.

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(AMIT BORKAR, J.)

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Khwaja Garib Nawaz Co. Op Hsg Soc Ltd. Thr Its Chief Promoter v. Divisional Joint Registrar Co. Op Soc and Ors.

Case brief

What is this about?

What the court decided

Khwaja Garib Nawaz Co. Op Hsg Soc Ltd. Thr Its Chief Promoter v. Divisional Joint Registrar Co. Op Soc and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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