WASSOODEW CO. OP. HSG. LTD. Vs. JENNIFER REBELLO

JUDGEMENT

(1.) The challenge in this petition is to the Order dated 3/5/ 2019 (below Exhibit No. 13) passed by the Co-operative Appellate Court, Mumbai in Appeal from Order No. 78/2018. By the impugned order, the Appellate Court has allowed the application (Exh.13) filed by the respondent for conversion of the said appeal into a revision under section 149 of the Maharashtra Co-operative Societies Act, 1960 ( 'Act ' for short).

(2.) The brief facts are that the respondent filed a dispute under section 91 of the said Act against the petitioner society. The respondent filed an application for interim relief therein under section 95(4) of the said Act. Learned Co-operative Court, by an Order dated 12/7/2018 rejected the interim application, however, granted liberty to the respondent to make the payment of the bills raised by the society under protest, to show her bona fides.

(3.) The respondent challenged the said order before the Cooperative Appellate Court in A.O. No. 78/2018. The petitioner raised a preliminary objection to the maintainability of the said appeal.