The Bank Of India Staff Panchsheel Co ... vs Jitendra Kumar Jani And Ors

ik-198631023 Bombay High Court 19 December 2025 • WRIT PETITION NO. 8889 OF 2024 • 15 min read

Judges (1)

Amit Borkar Delivered

Counsel (8)

Hamid Mulla Counsel Respondent Kavita N. Solunke Counsel Respondent Mayur Khandeparkar Counsel Petitioner Nikhil Rajeshirke Counsel Respondent Prashant P. Kulkarni Counsel Petitioner Rachna Mamnani Counsel Petitioner Saurabh Rajeshirke Counsel Respondent Vishwajeet Kapse Counsel Respondent

Parties (3)

Bank of India Staff Panchsheel Cooperative Housing Society Limited Petitioner Deputy Registrar, Cooperative Societies Respondent Jitendra Kumar Jani Respondent

Case Significance

The Bank Of India Staff Panchsheel Co ... vs Jitendra Kumar Jani And Ors is a Bombay High Court decision dated December 19, 2025 (citation: ik-198631023). A cooperative housing society challenged an order refusing to reject a member's dispute under Order VII Rule 11, arguing the dispute was barred after the 2019 amendment to the Maharashtra Cooperative Societies Act and that a Memorandum of Agreed Terms bound the society. The Court held that the questions raised — including the effect of Section 154B, the saving clause, and the validity of the MOAT — were mixed questions of fact and law requiring trial, and could not be decided at the threshold The case was heard by Justice Amit Borkar.

Summary

A cooperative housing society challenged an order refusing to reject a member's dispute under Order VII Rule 11, arguing the dispute was barred after the 2019 amendment to the Maharashtra Cooperative Societies Act and that a Memorandum of Agreed Terms bound the society. The Court held that the questions raised — including the effect of Section 154B, the saving clause, and the validity of the MOAT — were mixed questions of fact and law requiring trial, and could not be decided at the threshold. The writ petition was dismissed, allowing the dispute to proceed on merits.

What was the outcome of The Bank Of India Staff Panchsheel Co ... vs Jitendra Kumar Jani And Ors?

A cooperative housing society challenged an order refusing to reject a member's dispute under Order VII Rule 11, arguing the dispute was barred after the 2019 amendment to the Maharashtra Cooperative ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-198631023)