Maharashtra coop society act related
ram
(Querist) 04 August 2015
This query is : Resolved
former secretary who has been ousted by govt./administrator has filed civil case (petitioner is society through its secretray) in sessions court claiming that both administator and members are illegal -despite members holding share certs and he continues to be secretary etc. He has also filed another in high court. Now administrator has in the normal course conducted elections and new office bearers hav taken over. can society through new secretary withdraw the case in civil court since former secy has filed on behalf of society.
Dr J C Vashista
(Expert) 05 August 2015
@ Ram,
1. There is another query posted today by you on the similar issue, see reply.
2. When the RCS (govt-as you stated) has appointed an administrator the case shall be filed by him and not the Secretary-who is not a secretary i.e., either Secretary having Managing Committee or an Administrator.
3. Generally the appointment of Administrator can not be illegal.
4. How come two cases (one before the Court of Sessions and another before High Court)be filed?
5. The new Managing Committee, through its Secretary can withdraw the civil case any time.
Rajendra K Goyal
(Expert) 05 August 2015
1. Ousted secretary can not file suit as secretary.
2. suit can not be filed in two courts on same cause of action.
3. New secretary should oppose the suit on merits.
ram
(Querist) 12 April 2016
dear Dr.Vashishta & Shri Goyalji. your point is perfectly valid.we are surprised at the judicial process itself. Ousted secy. has filed in Thane civil court without informing that he has also filed a writ petition in High court prior to approachig Thane civil.Nor does the high court aware of the Civil case. High court case is filed by Chairman (who is also ousted - sorry by mistake mentioned secy. but office bearer in general), while civil case is filed by ousted secy. against 40 individual respondent(owners); registrar; adminisrator etc. Surprisingly Civil judge has asked both parties to sit and hammer out a compromise.
Question : can present (new )Mg. committee file criminal case directly for not handing over the records, books; registers; blank share certificates etc. - incidentally ousted secy. has declared in Panchanama in front of police/collector and registrar that he does not have any records; books etc. and all are with an accountant.
Dr J C Vashista
(Expert) 13 April 2016
@ Ram,
Again after a long gap of 8 months with some fresh information to supplement earlier one.
Did you seek the opinion and advise of your lawyer? If so, what is his/her opinion and guidance, proceed accordingly and close this thread.
ram
(Querist) 16 April 2016
Sir, thanks..Yes the main issue is the lawyers don't guide. members are trying to change lawyer but the practical issue advised by one of members' office lawyer is "never try to replace existing lawyer" however bad. Keep following up politely. else once existing one knows he is being sidelined he will make delays not co-operate and claim fees is too small etc. Also he advised that generally lawyers know the opposite lawyer also and as a fellow profesional he will act in various ways such that the case may drag on. Bottomline is his ego may be hurt if his strategy is questioned he gets upset and says " ok we will do as you say..just watch..you guys don't want to listen..we are in the business for 20 years etc.etc. and so on..."..we are really at out wits end. everyone is employed and away and on travel, except the former promoter-secretary who has all time on hand to scheme and create trouble.
Dr J C Vashista
(Expert) 17 April 2016
@ Ram,
1. Your lawyer is duty bound to guide you properly, if does not, file consumer complaint for deficiency of service and compensation. Besides this file a complaint before Bar Council (State)for not performing his legal obligation.
2. If you are dissatisfied with the performance, guidance and proceeding of your lawyer, there is no harm (rather better) to change him immediately despite the fact that continuation of lawyer (any professional) gives better result/ satisfaction. However, you have to be vigilant about your lawyer's actions, strategy and proceeds in your case, it is your case and your lawyer is acting on your behalf/authority.
3. Discuss the issue(s) with "some" other prudent local lawyer for proper analyses and advise.
Best Wishes.
