Browsing Tag
MCS Act
3 posts
Bombay High Court Rules: Differential Maintenance Charges in Co-op Societies Presumed Legal Unless Challenged and Set Aside
In a landmark decision, the Bombay High Court has affirmed that cooperative societies can impose higher maintenance on commercial units via resolutions, presumed valid until set aside. The case involving Chembur’s Sanket Society highlights the need for direct challenges in disputes over parking, revenue, and old agreements.
If You’re a Loan Guarantor, Your Property Can Be Attached and Auctioned — Even If You Move Court, Rules Bombay High Court
The Bombay High Court has ruled that cooperative societies can legally attach and auction a guarantor’s property for unpaid loans — even if the guarantor files a civil case. The judgment clarifies that civil courts have no jurisdiction once recovery begins under the MCS Act.