Co-operative housing society's fraud
Mohammed Rizwan Shaikh
(Querist) 17 March 2015
This query is : Resolved
Hi Experts,
Out of 24 societies on a larger plot, 5 Societies got Deemed Conveyance and that was challenged by way of Writ Petition under article 227 in the HC, Bombay by the alleged CHS who claims to be the land owner/ promoter/federal society. Even after a lapse of 32 years, the alleged land-owner did not execute Conveyance in favor of the Society, which is why the society got the Deemed Conveyance. Deemed Conveyance order is being challenged on baseless issues that no inspection was given to the land-owner whereas the Roznama of the 5 societies states that the inspection was taken by the land owner. On the hearing, the HC Judge was more inclined on the Land-owner side, as the Federal Society hired Senior Counsels however the matter was adjourned and the bench has been changed. Our society has all the records of frauds played by the secretary of the Federal Society like false and fabricated Resolution passed in a Managing Committee and became Secretary on 01.04.2013, moreover the Chairman who is an outsider even got elected on 04.06.2014 whereas the CHS elections were stayed since 31.03.2013 till 31.21.2014. He even used false Rubber Stamps and seals.
Our society wants to bring all the frauds played by the Secretary before the Hon’ble High Court, is there any way out to bring out these issues and frauds in the Writ Petition?
If the society’s brings up these fraud, what will be the effect?
Humbly prays, experts please guide us.
Rizwan Shaikh
ajay sethi
(Expert) 18 March 2015
file detailed affidavit reply pointing out the aforesaid facts before the court
Rajendra K Goyal
(Expert) 18 March 2015
Consult senior lawyer, show him all the documents and proceed.
Mohammed Rizwan Shaikh
(Querist) 18 March 2015
Many thanks Sethi Sir,
Our Advocate has already filed a common reply, so inspite of that can i file an affidavit and inform the court about the Federal Society's fraud. Will his fraud will be of importance?
Regards,
Rizwan Shaikh
T. Kalaiselvan, Advocate
(Expert) 19 March 2015
You can file an additional written statement/counter to the one already submitted , by including the facts omitted by over sight.
Mohammed Rizwan Shaikh
(Querist) 29 March 2015
Many many thanks experts...
Kalaiselvan Sahab, as our advocate has already a Reply, so as per your and sethi sirs advice, I am willing to file additional written statement.....so what would be the title or the format. I will be really very thankful if you help me with this.
Regards,
Rizwan Shaikh
