In Focus

‘Interested’ non-member can move court for intervention

By Gajanan Khergamker

For a dispute in the Cooperative Court being of a civil nature, any aggrieved party though not a party to the suit may apply for intervention. If any party feels that both the parties to the dispute have either in collusion or in any other way affected his rights, then he can move to cooperative court independently to allow his intervention. There is no need that such intervener should be a member of the society in the dispute application.

Under section 94 (3) sub-section (a) a party feels that he is an interested party through a member or directly he may apply to the Cooperative Court to allow his intervention in the dispute application. He may apply for intervention either in the capacity of Disputant or Opponents nomenclature is to be decided on the basis of his pleading whether he should be a disputant or opponent is the matter of finding of the Court.

Sometimes in collusion the disputes are filed in the Cooperative Court to seek certain orders. Even though initially it is not seen by the Court that there is no collusion or conspiracy but finally there is a likelihood of affecting third party by the said judgement and orders. In case any party comes to conclusion by the fact of the dispute, he may intervene in the dispute by placing such application.

The application is to be decided by the Court after hearing other parties of the dispute. If the intervener’s application is allowed then he has every right to put forthwith his claim as a disputant or can defend as opponent in the same manner. The Court may permit the claim or defence as is deemed fit. The judgement if any is definitely binding on the intervener depending upon the nature of the fact and circumstances.

The parties can also file a good number of interlocutory applications under section 95 (4) of MCS Act 1960 and other sections too. Interlocutory applications are a must in every proceeding before the Cooperative Court in changing circumstances of the matter. Interlocutory applications are a must to achieve the final object of the law. Interlocutory applications are as integral part of disputes before the Cooperative Court.

From time to time of institution of dispute, till its disposal, several interlocutory applications need to be filed to meet the aims of justice. Sometimes interlocutory applications naturally delay the final disposal of the matter but at the same time we cannot ignore that they are very essential for proper and judicious disposal of the disputes before the Cooperative Court.

It is also pertinent to note here, that every interlocutory application including intervention application should be accompanied by an affidavit of applicant / petitioner. To be filed in the Cooperative Court must be attested by a competent advocate to this effect. Like other judicial courts, the Cooperative Courts are not provided with competent and trained staff to scrutinise the affidavit. In Mumbai alone the post of Registrar of Cooperative Appellate Court is established having power to administer the oath and sign the affidavit of the party concerned.

Every interlocutory application must be supported by an affidavit of the party concerned. Disputants or opponents can file an interlocutory application. Every affidavit of deponent should consist of brief facts of the dispute and the circumstances of filing such application.

It would be suggested not to club more than one relief in the petition but at times, for example in a dispute for intervention party may pray orders and appointment of Court Commissioner or Receiver. There is no necessity to file affidavit of all the parties concerned placing interlocutory application. Any of them can swear an affidavit on behalf of other applicants.

To avail a legal service, an expert opinion or an appointment with Solicitor and Property Law Expert Gajanan Khergamker, call 8080441593