Losses caused by Managing Committee and lying to Court
Kishor Makwana
(Querist) 06 December 2010
This query is : Open
Respected Sir,
When I was Secretary of a Housing Society at Nerul in 1995, the managing committee had slapped a case u/s 138 against a member who had misappropriated funds and Mr KS Subash, Chairman representing the case for years. When he had developed health complications due to diabetes and related heart ailments, He requested the Society to appoint someone else to take the case forward which was granted by the Society and the same was noted in the Committee minutes of July 2008 and a resolution was passed relieving him of his duties in the subsequent AGM and appointed 4 members to represent the case for Society. Hiding these facts, the Society kept on asking future dates at the Court for more than two years citing reason as he was not available to attend the case. When finally the Court reprimanded the Society, the Secretary thru Advocate lied to the Court that he refuse to attend the case. Recently the Secretary got a resolution passed at the AGM to withdraw the case and another resolution stating that the Managing Committee is not accountable for any of their actions. By not discharging the duties as a Secretary (Secretary for more than 3 years), the Society lost a sizeable amount of money. Is there any provision to recover the amount for dereliction of duty from the Managing Committee and whether we can initiate action for their lying to the Court for more than 2 years? The Committee is passing the blame on us. Please advice.
With warm regards,
Kishor Makwana
