Sulaiman Bhimani and 2 others vs Vindhiachal CHSL and 8 others Advocate - sandeep Manubarwala — 51/2025
Case under The Maharashtra Co Operative Socites Act 1961 Section 97. Disposed: Contested--JUDGMENT on 10th April 2026.
Appeal
CNR: MHCA010002412025
Filing Number
237/2025
Filing Date
20-Dec-2025
Registration No
51/2025
Registration Date
22-Dec-2025
Court
Co-operative Appellate Court Mumbai
Judge
1-President
Decision Date
10-Apr-2026
Nature of Disposal
Contested--JUDGMENT
Last updated 02-Jul-2026
Acts & Sections
Petitioner(s)
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1.Sulaiman Bhimani and 2 others
Adv. Sharon Fernandez
Respondent(s)
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1.Vindhiachal CHSL and 8 others Advocate - sandeep Manubarwala
Case History
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Case disposedDisposed
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10-Apr-2026
Copy of JudgmentView PDF
Case Summary: Appeal 51/2025 Court Decision: The Maharashtra State Co-operative Appellate Court allowed the appeal and set aside the trial court's order rejecting the dispute. The court found the dispute IS maintainable under Section 91 of the Maharashtra Co-operative Societies Act. Key Reasoning: The appellate court held that whether redevelopment constitutes "business" of a cooperative housing society is a mixed question of law and fact requiring examination of the society's bylaws—not a pure legal question suitable for summary rejection under Order VII Rule 11 CPC. Since the trial court failed to examine the bylaws before dismissing the case, and the dispute clearly involves challenges to resolutions passed in general body meetings (core management issues), the matter must proceed to full trial. This case analysis is maintained by casestatus.in based on publicly available court records.
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10-Apr-2026
Disposed
President
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02-Apr-2026
Judgment
President
-
24-Mar-2026
Judgment
President
-
09-Mar-2026
Judgment
President
-
17-Feb-2026
Arguments
President
-
06-Feb-2026
Arguments
President
-
19-Jan-2026
Hearing
President
-
22-Dec-2025
First hearing
Initial hearing scheduled
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20-Dec-2025
Case filed
Registration No. 51/2025
Case Summary: Appeal 51/2025 Court Decision: The Maharashtra State Co-operative Appellate Court allowed the appeal and set aside the trial court's order rejecting the dispute. The court found the dispute IS maintainable under Section 91 of the Maharashtra Co-operative Societies Act. Key Reasoning: The appellate court held that whether redevelopment constitutes "business" of a cooperative housing society is a mixed question of law and fact requiring examination of the society's bylaws—not a pure legal question suitable for summary rejection under Order VII Rule 11 CPC. Since the trial court failed to examine the bylaws before dismissing the case, and the dispute clearly involves challenges to resolutions passed in general body meetings (core management issues), the matter must proceed to full trial. This case analysis is maintained by casestatus.in based on publicly available court records.
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