Co operative society dispute
Amol
(Querist) 08 October 2015
This query is : Resolved
I am a practicing Lawyer
A member holding a Commercial Gala of 5500 Sq ft covering entire ground floor area of the society.
the said entire area have been considered as only one unit and the society has been charging the maintenance to the said member according to the area in his possession and ownership.
in the building plan the same is shown as a one unit only and 26 years back while issuing share certificate for the entire area only one share certificate has been issued by the society mentioning the said entire area therein.
however now the gala owner wants to sell part of the commercial premises due to loss in the Laundry business which he is conducting there.
but now after 30 years he is asking the society to issue him 10 share certificates on the ground of his alleged claim that the entire area comprised of 10 units.
he is asking 10 share certificates because he wants to sell the part premises.
So can the experts of this field please guide me as to whether his claim is tenable in Law ?
can society issue 10 share certificates if yes under which provision of Co Op Act or bye laws ?
what are the condition or requirements society ask the member to fulfill before issuing any such 10 sharecertificates to enable him to sale the galas in future ?
whether society ask him to amend the building plan first before taking any step of issuing any such 10 certificates ?
please guide
Amol
(Querist) 08 October 2015
the member has already filed a Dispute before the Jt Registrar simultaneously also approached DY Registrar for the identical claim on refusal of his requests by the society.
malipeddi jaggarao
(Expert) 09 October 2015
Wait for the outcome of the dispute filed with Jt.Registrar and Dy.Registrar as the society covers under their purview.
Rajendra K Goyal
(Expert) 09 October 2015
Bifurcation results change in approved plan or in violation of the bylaws, the member may not succeed.
Amol
(Querist) 10 October 2015
can a member file two proceedings simultaneously for identical relief under CO Op law i.e. pending application before Dy Registrar he filed a Dispute before CO Op Court
It is allowed ?
According to me I think he has to wait till Dy Reg passes any order , then he can challenge before revision before Jt Registrar and then Co Op Court ?
Please guide am I correct ?
please also guide on the relevant issue involved in the subject matter.
thanks
