Asha Ramesh Chourasiya vs Niwara Co-Operative Housing Society Ltd., Borgaon, Nagpur — Bombay HC (2025) — LawSathi Research

Asha Ramesh Chourasiya vs Niwara Co-Operative Housing Society Ltd., Borgaon, Nagpur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 30.04.2024 in Appeal No.47/2014 set aside; matter remitted to the Co-operative Court to decide afresh with an opportunity of hearing to both parties within three months; all points kept open.

Issue for consideration

Whether the dispute falls within the domain of the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act (i.e., whether it touches the business of the society), and whether the Co-operative Appellate Court erred in holding the dispute non-maintainable. +1 more

Court's answer

Considering that the registration of the society is that of a housing society, the dispute squarely falls within the domain of the learned Co-operative Court to decide the issue under Section 91 of the Co-operative Societies Act.

Ratio / Principle

The Co-operative Appellate Court committed an apparent error in deciding the said issue (i.e., in holding the dispute not maintainable under Section 91).

Key takeaways

Once the Appellate Court held that it did not have jurisdiction to entertain the dispute, it was not proper for it to decide the matter on merits.ratio¶3

Detailed headnote1 paragraphs

Maharashtra Co-operative Societies Act, S. 91 - Maintainability of dispute - Registered housing society - By order dated 30.04.2024 in Appeal No.47/2014, the Maharashtra State Co-operative Appellate Court, Mumbai held the dispute not maintainable under S. 91 as not touching the business of the society, and nevertheless decided the matter on merits - High Court (Nagpur Bench): the society's registration being that of a housing society, the dispute squarely falls within the domain of the Co-operative Court to decide under S. 91; the Appellate Court committed an apparent error, and having held it lacked jurisdiction it was not proper for it to decide the matter on merits - Impugned order set aside; matter remitted to the Co-operative Court to decide afresh after hearing both parties within three months; all points kept open. (Siddheshwar S. Thombre, J.)

2025:BHC-NAG:11126

1 97-WP-4459-2024.odt

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

WRIT PETITION NO.4459 OF 2024

Asha Ramesh Chourasiya Vs.

Niwara Co-operative Housing Society Ltd.

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. S.P. Kshirsagar, Advocate for the Petitioner. Mr. Shraddhanand Bhutada, Advocate for the Respondent.

CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 15th OCTOBER, 2025

Heard Mr. S.P. Kshirsagar, learned counsel for the petitioner and Mr. Shraddhanand Bhutada, learned counsel for the respondent.

Learned counsel for the petitioner has invited my attention to the order dated 30.04.2024 passed by the learned Maharashtra State Co-operative Appellate Court, Mumbai, in Appeal No.47/2014 whereby, the learned Appellate Court has held that the dispute is not maintainable under Section 91 of the Maharashtra Co-operative Societies Act, it does not fall under the category that it touches the business of the society.

Therefore, without going into the merits of the matter, and considering the fact that the registration of the society is that of a housing society, it squarely falls within the domain of the learned Co-operative Court, to decide the issue under Section 91 of the Co-operative

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Societies Act. Therefore, the Co-operative Appellate Court has committed an apparent error in deciding the said issue. Further, once the Appellate Court hold that it does not have jurisdiction to entertain the dispute, it was not proper on its to decide the matter on merits.

In view thereof, the writ petition is partly allowed . Order dated 30.04.2024 passed by the learned Maharashtra State Co-operative Appellate Court, Mumbai, in Appeal No.47/2014 is hereby set-aside. The matter is remitted back to the Learned Co-operative Court to decide it afresh, by giving an opportunity of hearing to both the parties within a period of three months from today. All the points are kept open.

(SIDDHESHWAR S. THOMBRE J.)

𝒫𝓇𝒾𝓋𝑒𝓁