SEA FACE PARK CO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition challenges orders passed by the Cooperative Court in a dispute under Section 91 of the Maharashtra Cooperative Society Act, 1960 ("Act") and by the Cooperative Appellate Court in an appeal. The dispute pertains to a sum of Rs.15, 75, 000/ paid by Respondent No.3 herein as an admission fee of the society, when he applied and was admitted as a member of the society.

(3.) It is the case of Respondent No.3 that this payment demanded from Respondent No.3 as an admission fee was illegal. He called upon the society to refund this amount; the society refused to do so; and as a result, on 8 April 1999, a dispute was filed by him before the Cooperative Court, Mumbai, praying for an award of Rs.31, 93, 669/, which comprises of principal amount of Rs.15, 75, 000/ and interest at the rate of 18 per cent per annum. By the impugned order, the Cooperative Court declared the resolution of the society passed on 17 January 1993, deciding to charge admission fees in the sum of 5 per cent of the sale price for the purpose of admitting new members, as null and void and ordered the society to refund the amount to the disputant with simple interest at the rate of 6 per cent per annum from the date of filing of the dispute and till realization. This order was upheld by the Cooperative Appellate Court. Being aggrieved, the Petitioner society has filed the present writ petition.