PARIMAL H. SOLANKI Vs. VINA A. SISAWALA

JUDGEMENT

(1.) By this Interim Application, the Applicant/original Defendant No. 5 has sought direction to return the Plaint to the Plaintiff under the provisions of Rule 283(i) of Bombay High Court (Original Side) Rules for being presented to the Court of competent jurisdiction.

(2.) Mr. Naphade, learned Counsel appearing for the Defendant No. 5 has placed reliance on the 2019 Amendment of the Maharashtra Co-operative Societies Act, 1960 ("the MCS Act"), which came into effect on 9/3/2019. It is submitted that the Co-operative Court constituted under Sec. 91A of the MCS Act, would have jurisdiction to entertain and try the present Suit filed by Plaintiff No. 1-Society and Plaintiff No. 2-Developer.

(3.) The present Suit was filed on 26/8/2019 which is post the 2019 amendment and since it raises a dispute covered under Sec. 91(1) of the MCS Act and Sec. 91(3) of the MCS Act, the jurisdiction of the Civil Court to entertain the dispute is barred.