2017 (1) ABR 179 ::(2016) 4 Mah LJ 443

Bombay High Court

Hon'ble Judge(s): M. S. Sonak , J

(A) Maharashtra Co-operative Societies Act (24 of 1961) S. 22, 23 — Membership of Co-operative Societies — Co-operative bank which was federal society of primary agricultural societies — Denying membership to respondent Co-operative Societies — Taking plea that respondent Co-operative Societies were economically unsound and if they are enrolled as a member of petitioner, bank, petitioner bank will have no option, but to advance loans or financial assistance to them — Nothing in bye-laws of petitioner bank, obligating bank to advance loans to each and every member, irrespective of whether or not claim for loan is justified or not — Petitioner bank having its own rules, regulations and policies in matter of advance of loans or financial assistance — Existing societies in area of operation giving their ' no objection' ? for registration of respondent societies — Nothing to show that registration of respondent societies was in contravention of provisions of Act (1961) — Order directing co-operative bank to grant membership to respondent co-operative societies, proper (Paras 23, 25, 31, 32, 33)

(B) Maharashtra Co-operative Societies Act (24 of 1961) S. 22, 23 — Membership of Co-operative society — Term ' person' ? referred to in S 22 — Includes not just individual competent to contract under Contracts Act (1872) but also includes a firm, a company or any other body corporate constituted under any law for time being in force — Or a society registered under Societies Registration Act (1860) — It also includes a society registered under Maharashtra Co-operative Societies Act (1961) — Hence it cannot be said that term ' person— is restricted only to natural person