Society Bifurcation !
Shirazk
(Querist) 10 April 2011
This query is : Open
Our society commitee was dismissed for not furnishing their indemnity bond last year in January 2010. Even though they did not have an indemnity bond they still went into appeal in the Joint Registrar's Office & lost again. The deputy registrar appointed an administrator panel consisting of 3 people from the bldg only & they were in office from march 2010 till 28th september 2010. They were running it succesfully & nicely & discovered that the dismissed committee members had removed money from the society bank accounts to the tune of more than 17 lacs with fraudenlent vouchers or none of them, when confronted by the administrative panel they resorted to violence & locked the society office with the help of anti social elements. Then on the 28th september 2011 a new administrator was appointed & he is still running the show. However, we are 5 bldg's who after knowing facts decided to bifurcate the society. 3 out of 5 bldg's have already submitted their bifurcation proposal to the Deputy Registrar & he asked the bldg administrator to take a bldg wise AGM due to fear of violence from anti social elements after members expressed the same. The deputy registrar then under section 18 issued a draft notice asking for objections on the 21st of december 2010, but the earlier dismissed committee members sensing power slipping out of their hands went to the Joint Registrar's Office & managed to get a stay against the Deputy Registrar's draft with duplicate signatures being submitted showing members fro bifurcation against bifurcation.
Now, we have gone to the High Court & are asking for relief & vacating the stay.
We would want to know what would happen if the stay is vacated, would we be able to get a bifurcation after the stay is vacated or we would need to to submit the proposal again to the Deputy registrar. The dismissed committee members have also gone to the DDR - Bandra & pressurised him to call for elections before the stay is removed.
Kindly advise.
