I am fighting for justice since last 9 years. Having some query on subjected matter, therefore taking liberty to ask the same to you. Kindly help me out if you can.
STATE OF MAHARASHTRA:- QUERY on The Maharashtra Co-Operative Societies Act,1960 of (for short “MCS Act”):
Below is the reproduction of some of the sections of “MCS Act”.
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“MCS ACT” : CHAPTER I – PRELIMINARY
Section- 2.
[(10-ai) “ Co-operative Appellate Court ” means the Maharashtra State Co-operative Appellate Court constituted under this Act ;
(10-aii) “ Co-operative Court ” means a Court constituted under this Act to decide [disputes referred to it under any of the provisions of this Act] ;
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“MCS ACT” : CHAPTER IX. – SETTLEMENT OF DISPUTES
Section- 94. (1)……………
[(1A) …………….]
(2) ………………..
(3) (a) If 3[the Co-operative Court] is satisfied that a person, whether he be a member of the society or not, has acquired any interest in the property of a person who is a party to a dispute, 4[it may order], that the person who has acquired the interest in the property may join as a party to the dispute ; and any decision that may be passed on the reference by [the Co-operative Court] shall be binding on the party so joined, in the same manner as if he were an original party to the dispute.
(b) ………………
(c) [The Co-operative Court may] at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to 8[the Co-operative Court], to be just, order that the name of any party improperly joined whether as plaintiff or defendant, be struck out, and the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before [the Co-operative Court], may be necessary in order [to enable the Co-operative Court] effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.
(d) …………………
[(3A) ……………..]
(4) …………………
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“MCS ACT” : CHAPTER XIII. – APPEALS, REVIEW AND REVISION
Section- 149.
1[(1) A Court to be called the Maharashtra State Co-operative Appellate Court is hereby constituted to exercise the powers and to discharge the functions conferred on it by or under this Act.]
(2) ………….
(3) ………….
(4) ………….
(5) ………….
(6) ………….
(7) ………….
(8) ………….
(9) ………….
(10) Where an appeal or application is made to the [Co-operative Appellate Court] under this Act], it may, in order to prevent the ends of justice being defeated make such inter-locutory orders pending the decision of the appeal 1[or application, as the case may be,] may appear to it to be just and convenient, or such orders as may be necessary for the ends of justice, or to prevent the abuse of the process of the [Co-operative Appellate Court].
(11) An order passed in appeal, or in revision under sub-section (9) or in review under section 150 by the 2[Co-operative Appellate Court], shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court.
(12) (a) The President and other members of the Maharashtra State Co-operative Tribunal functioning immediately before the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, shall be deemed, respectively to be the President and other members of the Maharashtra State Co-operative Appellate Court constituted for the pruposes of this Act ; and all appeals and other proceedings pending before the said Tribunal shall be heard and disposed of by the said Court from the stage they reached before such commencement.
(b) Anything done or any action taken (including any orders passed or regulations made) by the said Tribunal, shall be deemed to have been done or taken by the said Court and shall continue in operation until duly modified or annulled.
(c) Any reference to the said Tribunal in any law or instrument, for the time being in force, shall, with effect from the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, be construed as a reference to the said Court.]
Explanation.—The [Co-operative Appellate Court] hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 97 and Order XLI in the First Schedule of the Code of Civil Procedure, 1908.
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Section- 151.
(1) In exercising the functions conferred on it by or under this Act, the [ Co-operative Appellate Court] shall have the same power as are vested in a Court in respect of,—
(a) proof of facts by affidavit,
(b) summoning and enforcing the attendance of any person and examining him on oath,
(c) compelling discovery or the production of documents, and
(d) issuing commissions for the examination of witnesses.
(2) In the case of any such affidavit, any officer appointed by the [Co-operative Appellate Court] in this behalf may administer the oath to the deponent.
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My Queries:
1) Co-operative and Co-operative Appellate Court are Courts or TRIBUNALS?
2) Whether Co-operative Appellate Courts-
(a) -comes under Co-operative Courts or NOT?
(b) -is governed by all sections of “MCS Act” or only by those mentioned in CHAPTER XIII – APPEALS, REVIEW AND REVISION ?
3) In Section-94 (3)(a) & [the?94 (3)(c) there is mentioned in bracket as merely Co-operative Court].
Therefore, whether these Sections, i.e. 94 (3)(a) & 94 (3)(c) is applicable to Co-operative Appellate Court or NOT?
4) In Section-149 of MCS Act, in ‘Explanation’ it has mentioned that—The [Co-operative Appellate Court] hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 97 and Order XLI in the First Schedule of the Code of Civil Procedure, 1908.
Hence does it mean that Co-operative Appellate Court cannot exercise other powers except S- 97 & Order-41 of the CPC?
6) Can Section-151 CPC i.e. inherent power of Court can be invoked by Co-operative Appellate Court or NOT?
7) Is the language of Section-151 has specifically prohibited / barred Appellate Court from making amendment to implead Necessary Party pending Appeal at Appellate stage?
Is it so that Appellate Court cannot do functions except those mentioned in S-151? If can do, under which law?
From its language, can it be construed that as per this section Co-operative Appellate Court do not have power of amendment to implead Necessary Party pending Appeal at Appellate stage?
Thanking you.
I C Naik
You have raised academic interpretation issues. Unless facts are there which requires some guidance, based on interpretation of provisions, it is not of significance to try to solve as an examination like questions. So you may please let me have facts which have kept you busy for 9 years.
