Co-Operative Hsg. Society issues

samyak Satish (Querist) 24 July 2009 This query is : Resolved
Ours is a housing SOciety at Mira Road. We will be highly oblige if you can guide us in following:

1. An ex-secretary has misappropriated a sum of Rs.1.23 Lacs in 2001-02. Thereafter he admitted in AGM and given an undertaking to repay the amount and also issued post dated cheques which were subsequently dishonored. He also stopped payment of Maintainence charges. The then Committee filed proceedings u/s 138 of Negotiable Instrument Act and u/s. 101 of MSC Act but subsequent Committee did not follow the matters and allow to lapse the matters. The o/s amount with 21% interest now increased upto Rs.6 Lacs+. He had also kept some records of Society on basis of which he goes on making allegation against ex-committee members without disclosing documents or facts. He now obstructs every society meeting and did not allow smooth functioning of Society. The condition of building is so bad that if urgent repairs are not carried out, it will be not possible to habitat after 2-3 years but Society has no funds.
a. What is the fastest and cheapest way to recover o/s from him (considering deliberate lapsing of earlier proceedings) ?
b. Whether it will be more suitable if general body first expell him from membership and then file suit for vacant possession of his flat?

2. Whether we can put up unaudited accounts before AGM and upon its approval put up audited accounts for further approval? (Accounts for last six years were not prepared by ex-committees which are now finalised, but there are some disputable matters, so we think that if the same are approved first, the audited accounts will be correct to most extent and will be acceptable to all.

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