: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.5644 OF 2005 WRIT PETITION NO.5644 OF 2005 WRIT PETITION NO.5644 OF 2005 WITH WITH WITH CIVIL APPLICATION NO.182 OF 2006 CIVIL APPLICATION NO.182 OF 2006 CIVIL APPLICATION NO.182 OF 2006 Kendriya Vihar (2) Co-op. Hsg. Society Kendriya Vihar (2) Co-op. Hsg. Society Kendriya Vihar (2) Co-op. Hsg. Society Ltd. ...Petitioner. Ltd. ...Petitioner. Ltd. ...Petitioner. V/s. V/s. V/s. Jt.Registrar, Co-op.Societies, (CIDCO ) & Jt.Registrar, Co-op.Societies, (CIDCO ) & Jt.Registrar, Co-op.Societies, (CIDCO ) & Ors. ...Respondents. Ors. ...Respondents. Ors. ...Respondents. Mr.A.K.Tripathy i/b R.P.Pandey for the Petitioner. Mr.A.K.Tripathy i/b R.P.Pandey for the Petitioner. Mr.A.K.Tripathy i/b R.P.Pandey for the Petitioner. Ms.M.P.Thakur, A.G.P. for the Respondent No.1. Ms.M.P.Thakur, A.G.P. for the Respondent No.1. Ms.M.P.Thakur, A.G.P. for the Respondent No.1. Shri M.R.Phul for Respondent No.2. Shri M.R.Phul for Respondent No.2. Shri M.R.Phul for Respondent No.2. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 14th November, 2006. DATE : 14th November, 2006. DATE : 14th November, 2006. P.C.: P.C.: P.C.: 1. We have heard Mr.Tripathy, the learned counsel 1. We have heard Mr.Tripathy, the learned counsel 1. We have heard Mr.Tripathy, the learned counsel appearing for the petitioner-society who is facing a appearing for the petitioner-society who is facing a appearing for the petitioner-society who is facing a recovery proceeding under Section 101 of the Maharashtra recovery proceeding under Section 101 of the Maharashtra recovery proceeding under Section 101 of the Maharashtra Co-operative Societies Act, 1960 at the instance of the Co-operative Societies Act, 1960 at the instance of the Co-operative Societies Act, 1960 at the instance of the respondent no.2. It appears that an application has respondent no.2. It appears that an application has respondent no.2. It appears that an application has been filed before the respondent no.1 who has initiated been filed before the respondent no.1 who has initiated been filed before the respondent no.1 who has initiated recovery proceeding under Section 101 of the Act raising recovery proceeding under Section 101 of the Act raising recovery proceeding under Section 101 of the Act raising the preliminary issue regarding the jurisdiction to the preliminary issue regarding the jurisdiction to the preliminary issue regarding the jurisdiction to entertain the application and unless that issue is entertain the application and unless that issue is entertain the application and unless that issue is decided, proceeding could not proceed further is the decided, proceeding could not proceed further is the decided, proceeding could not proceed further is the contention raised before us by Mr.A.K.Tripathy. He, contention raised before us by Mr.A.K.Tripathy. He, contention raised before us by Mr.A.K.Tripathy. He, therefore, contends that unless the preliminary issue is therefore, contends that unless the preliminary issue is therefore, contends that unless the preliminary issue is decided by the Respondent No.1, he has no powers to decided by the Respondent No.1, he has no powers to decided by the Respondent No.1, he has no powers to : 2 : proceed further and more so, when civil suit is pending. proceed further and more so, when civil suit is pending. proceed further and more so, when civil suit is pending. 2. We have perused the scheme of Section 101 of 2. We have perused the scheme of Section 101 of 2. We have perused the scheme of Section 101 of the Act and we are satisfied that when the recoveries by the Act and we are satisfied that when the recoveries by the Act and we are satisfied that when the recoveries by the co-operative housing society are in respect of the co-operative housing society are in respect of the co-operative housing society are in respect of arrears and its dues, it is not necessary that the arrears and its dues, it is not necessary that the arrears and its dues, it is not necessary that the opposite party from whom dues are sought to be recovered opposite party from whom dues are sought to be recovered opposite party from whom dues are sought to be recovered is a member of such a society. And, therefore, the is a member of such a society. And, therefore, the is a member of such a society. And, therefore, the preliminary point raised by the petitioner before the preliminary point raised by the petitioner before the preliminary point raised by the petitioner before the respondent no.1 is untenable. The respondent no.2 is at respondent no.1 is untenable. The respondent no.2 is at respondent no.1 is untenable. The respondent no.2 is at the first instance a society registered under the Act the first instance a society registered under the Act the first instance a society registered under the Act though it is a federation and the Petitioner is also a though it is a federation and the Petitioner is also a though it is a federation and the Petitioner is also a society registered under the Act. The issue raised by society registered under the Act. The issue raised by society registered under the Act. The issue raised by the petitioner before the respondent no.1 is a frivolous the petitioner before the respondent no.1 is a frivolous the petitioner before the respondent no.1 is a frivolous issue and the application filed by the respondent no.2 issue and the application filed by the respondent no.2 issue and the application filed by the respondent no.2 is required to be decided expeditiously as per law is required to be decided expeditiously as per law is required to be decided expeditiously as per law. 3. The petition is rejected summarily. 3. The petition is rejected summarily. 3. The petition is rejected summarily. 4. The Civil Application No.182 of 2006 does not 4. The Civil Application No.182 of 2006 does not 4. The Civil Application No.182 of 2006 does not survive and the same stands disposed off. survive and the same stands disposed off. survive and the same stands disposed off. (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.)