Recently a co-operative Court in Mumbai has rejected the application of the respondent contending for the presence of the disputants at least once in court in person for verification.
Now, the said aggrieved party want to go in appeal.
Can any learned forum member help in locating suitable citation or legal remedy in support of above said contention for production in the appellate court?
Amar
Mumbai
Maharashtra Co-operative Societies Act, 1960 — Section 91, 94, 149, 150 — Maharashtra Co-operative Societies Rules, 1961 — Rule 77-E — Code of Civil Procedure, 1908 — Order XVIII — Settlement of disputes — Review — Powers of Co-operative Court.
1) Procedure to be followed by the Cooperative Court in hearing and deciding the disputes under Section 91 of the Act and Applicability of Code of Civil Procedure — Discussed. (See para 10, 11, 12)
2) Dispute under Section 91 — Burden of proving two issues was on the disputant and burden of proving all other issues was on the Society — Necessary for the disputant to enter the witness box first and discharge his burden in respect of said two issue and could have reserved his evidence in respect of rest of the issues — Improper on the part of the Cooperative Court to direct the petitioner society to commence adducing its evidence first. (See para 12)
3) Powers of review — Court or any Judicial Authority does not have an inherent power of review but can review its order only if the power of review is conferred upon it by the Statute — Act does not confer a power of review on the Cooperative Court — Cooperative Court cannot review its own orders — Cooperative Court not only erred in reviewing its order but committed a grave error in reviewing the order which had been confirmed by the Cooperative Appellate Court — Cooperative Court could not have ventured into reviewing the order which had then merged into the order of superior court. (See para 13, 19)
3) Powers of review — Section 150 of the Act confers a power of review on the Cooperative Appellate Court — Cooperative Appellate Court has a statutory power of reviewing its own orders — Powers of revision of Cooperative Appellate Court restricted only to the appealable orders — Non appealable orders cannot be revised under sub-section (9) of Section 149 of the Act — Order directing the petitioner society to adduce the evidence was not appealable — State Cooperative Appellate Court should have dismissed the revision as not maintainable. (See para 15, 18)
Result : Accordingly.
Khandesh Urban Cooperative Credit Society Ltd., Jalgaon Vs. Ashok S/o Rameshwar Agrawal WRIT PETITION NO.941 OF 2002 (22-4-2002) (AURANGABAD BENCH) (D.G.KARNIK, J.) LJSOFT 2002 (9) 81
