arunkumark
25 January 2014 at 16:35
A complaint under 101 of mcs act has been filed with Asst. registrar of cooperative housing society against one of the defaulter member for recovery of society dues of last seven years.The said member has not attended any of the society meetings for last seven years and not paying the maintenence.In his reply he is saying that the person who has filed the complaint is not secretary and does not recognise him.
The managing committee is elected unopposed on 12.9.12 Agm and since then all the remaining members are paying their monthly maintenance and other correspondence with the same managing committee.The minutes of Agm clearly states the managing committee is elected unopposed as out of 16 members society only 9 members are eligible to participate and vote for election. The remaining 7 members are as follows - 3 defaulter for payment 3 Non resident indians ( flats non use)1 non member(just purchased the flat).Out of 9 eligible members 1 member was not present for the Agm meeting.So remaining 8 members voted for 4 interested members to form the managing committee.The defaulter members were not allowed to vote because of their payment default.I think this explanation and minutes of the Agm meeting and the proof of recd payment from other society member is sufficient to prove who is secretary / chairman etc.Please advise if any other support of proof is required. As per my guess the said member is trying to avoid make payment on silly grounds or to delay the matter.The said member is not official member who is staying in the flat owned by his late brother. He is also asking for M20 idemnity bond copy as he is not aware of abolished m 20 i bond with effect from 6.9.12 and the agm was held on 12.9.12 so it is not applicable.please give correct advise inn this regards,
V.N.K. MENON
25 January 2014 at 12:02
Early hearing application & CHAMBER HEARING
Author : V.N.K. MENON
Posted about an hour ago
============ REFERENCE QUOTED===e========
dear learned experts,
I had submitted an application for early hearing to single bench High court, earlier which was dismissed. Against this I filed the present LPA. LPA was disposed off with an advice to approach the Single Bench.
Opinion of ld. experts/ lawyers is requested as to under what law / route should I "approach the learned Single Judge with a prayer for early hearing" as stated in the order.
To facilitate transparency in the matter I am quoting below the order:
QUOTE
------
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
13.12.2013
CAV 1058/2013
The respondents are represented on an advance notice. The caveat petition of Resoindent is discharged.
LPA 897/2013 and CM Nos.18778-79/2013
The petitioner is aggrieved by the order dated 25th October, 2013 whereby his prayer for early hearing made by CM No.14438/2013 in WP(C)No.17471/2006 has been rejected.
In our view, this appeal is misconceived.
LPA 897/2013 Page 1 of 2
The appellant makes a grievance that he is aged about 61 years of age and is gravely suffering on account of pendency of the writ petition. It is submitted that the matter was initiated under the Industrial Disputes Act in the year 2006.
It shall be open to the petitioner to approach the learned Single Judge with a prayer for early hearing and for the learned Single Judge to pass appropriate orders as are deemed fit and appropriate in the facts and circumstances of this case.
The appeal and applications are disposed of in the above terms.
GITA MITTAL, J
DEEPA SHARMA, J
DECEMBER 13, 2013
UNQUOTE
---------
Expert : Dr J C Vashista 9891152939
PRO CHAT CALL
Click to call for free
Posted about 9 hours ago.
Apply again giving sufficient grounds for early hearing of the case,although it is discretion of the Court.
Expert : Devajyoti Barman
PRO CHAT CALL
LPA does not lie from order of that nature.
You can file another application for fresh looking of your prayer for expeditious trial. File that application under Article 227 of Constitution or u/s 482 of crpc.
Expert : Adv. Chandrasekhar
PRO CHAT CALL
Posted about 8 hours ago Under Section 151 CPC read with S.10(2A) of Industrial Disputes Act, 1947. Also find out that various HC framed the rules for early disposal of cases related to senior citizens and quote them also along with your application. Your application must bear strong, cogent and germane reasons that why you should be given preferential treatment to the large backlog lying in the court's cold store rooms after rule nisi is issued. The Section 10(2A) provision says that individual termination cases have to be disposed off within 3 months from the date of reference. Even though this rule is not applicable for writ jurisdiction, it may goad the HC to bestow its mercy on you.
................................
Expert : T. Kalaiselvan, Advocate
PRO CHAT CALL
So the order is very clear that you have an option to approach a single judge seeking desired relief. As per the order you have approached the high court with an appeal against the rejection of an advance hearing petition only and also the original matter seems to be related to Industrial Disputes Act and not a session case as wrongly quoted. What is further relief you need now once your appeal has already been dismissed and show you another path in the said order itself.
======= REFERENCE UNQUOTE=================
Thank you experts, especially Mr. Chandershakhar and Mr. Kalaiselvan. The matter was admitted on 24th Jan and has been listed for 3rd Feb, thanks for your valuable guidance.
Alongwith the application for early hearing with cogent/germane reasons; I had also submitted an application u/s 151 CPC for chamber hearing due to hardness of hearing and difficulty hearing from a distance in the open court.
Is the route taken in the right direction or any thing has to be done further.
I shall be much thankful for your valued opinion.
Regards.
Ramakrushna Padhy
25 January 2014 at 02:08
dear my seniors,
one of my client, is staying at govt. quarter, as a rent basis with mutually, consent of to whom the quarter has been allotted,after one and half year, the house owner, created problem,and telling to leave the quarter,my client have one month baby, and difficult to fiend a rent house in this present situation , because he has new born baby,he need pay more attention to his baby.
but the house owner dis connect the electricity connection,of the house with out any information, and after someday, he complained at local police station regarding non leaving the quarter, police has called to my client to police station, but my client is not gone to police station,at the time of staying in this house, the quarter owner taken advance Rs.20000/- and given a hand receipt,but not mention as an advance.except this receipt, there no other prove, but mediator ready to support as witness,police is calling again and again, please, help and suggest what will I do, how handle this situation, and what is the legal procedure. please sugest, its urgent.
thanks & regards
Ramakrushna Padhy
Practitioner
nikhil kumar vyas
24 January 2014 at 20:37
Acknowledgement of debt is not valid in which circumstances ?
Chiranjeev Lamba
24 January 2014 at 19:46
Hi,
I just saw one judgment by High court judge Ravider Bhatt name as Preeti Satija Vs Raj Kumari. What i understand from this judgment that Mohter in law cannot evit the daughter in law even in civil case for possetion and even if she is the absolute owner on the property. Can someone please have a look and confirm if this is the real case in that judgment. Attached is the judgment. Please read and confirm.
Below is the case title.
RFA (OS) 24/2012 Page 1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 16.12.2013
Pronounced on: 15.01.2014
+ RFA (OS) 24/2012, C.M. APPL.4236/2012, 4237/2012 & 5451/2013
SMT. PREETI SATIJA …….Appellant
Through: Sh. Sudhir Mendiratta, Advocate.
Versus
SMT. RAJ KUMARI AND ANR. …………Respondents
Through: Sh. Nishant Datta and Ms. Garima Hooda, Advocates, for Resp. No.1.
Thanks
hithen
24 January 2014 at 15:37
Dear Experts,
Kindly request for your advice,this is with regards land at native place brought by my mother grandfather,which is still undivided.
Sat Bara holds has name of all the grandchildren including my mama and maushi and cousin.
They have call for meeting and will make notes of all the minutes and take signature from all the members.
There are some points where my mother and my mama don't agree with rest of them.
If this disagreement is put up in court against my mother if there is no conclusion.
1)will the minutes will be used against my mother.
2)Other members will be used any of the arguments or statement said in this meeting against my mother.
What is the validity for such minutes.
How do I safe guard my mother from this.
with regards,
Hithen Ghharat
Swaty Gupta
24 January 2014 at 13:17
Dear sir,
our family has been subjected to a frivolous litigation since 1980. the suit is for the tenancy rights of our commercial property. theplaintiff claims to be the original tenant(tenancy since 1949). we have all the required evidence- rent receipts, witnesses, documentary proof by the previous land lord etc. the suit has been dismissed earlier for non prosecution. although the suit is now in final stages(as claimed by our lawyer), still no approximate time frame is given. also, now that the suit is about to close, we heard that the plaintiff has moved some application in high court to put restrictions on disputed property and business.
the plaintiff is a frivolous litigant and involved in many other cases of cheating and recovery of money etc.
how to stop him from using law to harass us any more. i cannot ask my lawyer as the elder of the family do not permit me. he himself is afraid to ask the lawyer any questions and just blindly trusts him.
secondly, inspite of having a strong case, we've been suffering this suit for long. how to speed up the closure of this suit.kindly guide me. are there any extra legal bodies who would help with this?
the case is at present in tis hazari courts.my husband is also one of the defendants. when he tried to speak to the lawyer, the lawyer told him 'the elder knows all the details and you should ask him'
Ritika singh
24 January 2014 at 13:13
how as a secured creditor, i can auction a property on which income tax dues are very high. keeping aside the priority of charges and satisfaction of secured creditors dues first , how can an auction purchaser bid in such an auction when he knows the IT arrears will pass on to him and its a bad deal for them.
can an alternate recourse be suggested as the property is stuck with us?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Complain under 101 mcs act
A complaint under 101 of mcs act has been filed with Asst. registrar of cooperative housing society against one of the defaulter member for recovery of society dues of last seven years. The said member has not attended any of the society meetings for last seven years and not paying the maintenence.In his reply he is saying that the person who has filed the complaint is not secretary and does not recognise him. The managing committee is elected unopposed on 12.9.12 Agm and since then all the remaining members are paying their monthly maintenance and other correspondence with the same managing committee. The minutes of Agm clearly states the managing committee is elected unopposed as out of 16 members society only 9 members are eligible to participate and vote for election. The remaining 7 members are as follows - 3 defaulter for payment 3 Non resident Indians ( flats non use)1 non member(just purchased the flat).Out of 9 eligible members 1 member was not present for the Agm meeting.So remaining 8 members voted for 4 interested members to form the managing committee. The defaulter members were not allowed to vote because of their payment default. I think this explanation and minutes of the Agm meeting and the proof of recd payment from other society member is sufficient to prove who is secretary / chairman etc.Please advise if any other support of proof is required. As per my guess the said member is trying to avoid make payment on silly grounds or to delay the matter. The said member is not official member who is staying in the flat owned by his late brother. He is also asking for M20 indemnity bond copy as he is not aware of abolished m 20 i bond with effect from 6.9.12 and the Agm was held on 12.9.12 so it is not applicable. please give correct advise in this regards,