The question that fell for consideration before this court
in Abhyuday Cooperative Bank's case was, “ Whether the Revisional
authority has no jurisdiction to entertain and decide the application
under Section 154 of the M.C.S. Act, 1960 filed by the society
registered under that Act, when the applications under Section 101
and 154 of the M.C.S. Act were filed but was converted into a Multi
State cooperative Society during the pendency of the revision
whereupon the applicant was registered under the Multi State
Cooperative Societies Act, 2002 and its registration under the M.C.S.
Act, was cancelled”. After considering all the relevant provisions
and various judgments including the judgment of the Division Bench
in “Adarsha Ginning and Pressing Factory Vs. State of Maharashtra”
2008(1) Mh.L.J. 300, the learned Single Judge answered the question
in the affirmative. In paragraph 10 of the said judgment it is
observed that there is nothing in either of the Acts, which expressly
bars the jurisdiction of the court upon conversion of the society as a
Multi State Cooperative Society. Nor is there anything which leads to
that conclusion by necessary intendment. After having examined
the provisions contained in these Acts, we find ourselves in
agreement with the observations made in the judgment. The
provisions of the Act, in fact, indicate that the courts and the
authorities under the M.C.S. Act, continued to have jurisdiction to
decide matters which were validly filed before them prior to the
conversion of the societies registered under the Multi State Act. The
provision contained in Section 84 of the Multi State Act, would apply
to cases which are to be instituted under the said Act. It does not
apply to cases which have already been instituted under the
provisions of the M.C.S. Act. Thus, as has been held in “Abhyuday
Bank's case” the M.C.S. Act. remain unaffected and would not fall
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO.8175 of 2009
Bhaichand Hirachand Raisoni Sahakari Multi
State Cooperative Credit Society Limited
Jalgaon
Versus
The State of Maharashtra
CORAM : D.B. BHOSALE
R.M. BORDE,JJ..
DATE : 3RD MARCH, 2011.
Print Page
in Abhyuday Cooperative Bank's case was, “ Whether the Revisional
authority has no jurisdiction to entertain and decide the application
under Section 154 of the M.C.S. Act, 1960 filed by the society
registered under that Act, when the applications under Section 101
and 154 of the M.C.S. Act were filed but was converted into a Multi
State cooperative Society during the pendency of the revision
whereupon the applicant was registered under the Multi State
Cooperative Societies Act, 2002 and its registration under the M.C.S.
Act, was cancelled”. After considering all the relevant provisions
and various judgments including the judgment of the Division Bench
in “Adarsha Ginning and Pressing Factory Vs. State of Maharashtra”
2008(1) Mh.L.J. 300, the learned Single Judge answered the question
in the affirmative. In paragraph 10 of the said judgment it is
observed that there is nothing in either of the Acts, which expressly
bars the jurisdiction of the court upon conversion of the society as a
Multi State Cooperative Society. Nor is there anything which leads to
that conclusion by necessary intendment. After having examined
the provisions contained in these Acts, we find ourselves in
agreement with the observations made in the judgment. The
provisions of the Act, in fact, indicate that the courts and the
authorities under the M.C.S. Act, continued to have jurisdiction to
decide matters which were validly filed before them prior to the
conversion of the societies registered under the Multi State Act. The
provision contained in Section 84 of the Multi State Act, would apply
to cases which are to be instituted under the said Act. It does not
apply to cases which have already been instituted under the
provisions of the M.C.S. Act. Thus, as has been held in “Abhyuday
Bank's case” the M.C.S. Act. remain unaffected and would not fall
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO.8175 of 2009
Bhaichand Hirachand Raisoni Sahakari Multi
State Cooperative Credit Society Limited
Jalgaon
Versus
The State of Maharashtra
CORAM : D.B. BHOSALE
R.M. BORDE,JJ..
DATE : 3RD MARCH, 2011.
