JEETU RAJESHWAR KOTPALLIWAR Vs. UJJWAL NANDADEEP CHS LTD.

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith.

(2.) The present writ petition challenges the orders passed by the Cooperative Court and the Appellate Court allowing the application filed by the respondents under Order VII Rule 11 Clauses (a) and (d) of the Civil Procedure Code, 1908.

(3.) The Courts below have dismissed the dispute on the ground that the general body resolution-the subject matter of the challenge-appoints a developer and a member, and that redevelopment, by its very nature, cannot be adjudicated as a dispute between the member and the society. However, upon a careful perusal of the prayers set forth in the writ petition and the specific challenge raised, particularly with regard to the alleged lack of coram at the general body meeting, it is apparent that the dispute squarely involves the validity of the resolution. Consequently, this constitutes a bona fide dispute between the member and the society, falling strictly within the exclusive purview of the Cooperative Court under Sec. 91.