MOHINDER KAUR KOCHARQ Vs. MAYFAIR HOUSING PRIVATE LTD

JUDGEMENT

(1.) The appeal is directed against the order dated 27 June, 2012 of the learned Single Judge dismissing the Notice of Motion taken out by the appellant, by which the appellant had prayed that the Court has no jurisdiction to try and decide the present suit filed by respondent No. 1 herein, as only Co-operative Court has the jurisdiction to try the subject-matter of the present suit under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter "the Act", for short).

(2.) Respondent No. 1 herein (hereinafter referred to as "the plaintiff") entered into Re-development Agreement with Ganga Vihar Co-operative Housing Society Ltd., respondent No. 4 herein, for development of the flats of the Co-operative Society. The LOI was issued by the Society on 24 April, 2006. Clause 9 of the LOI provided that the plaintiff-developer had to purchase certain flats after the building was re-constructed. Pursuant to the said requirement, the plaintiff became member of respondent No.4-Society by purchasing one garage.

(3.) Thereafter, the Re-development Agreement was entered into on 7 November, 2007. The Co-operative Society has 13 members, and the plaintiff is the 14 th member of the Co-operative Society.