This is query about a decision given in a Recovery case filed under Section 101 of MCS Act 1960 in favor of the member since it there were not maintanence arrears but repair charges in dispute. The Deputy Registrar ,Mumbai had given decision in Sep 2010 ,the Society made an appeal in 2011 before District Dep Registrar ,who decided and redirected Appeal back in favor of member asking Dep. Registrar to check if they are maintanence arrears.Again the Dep Registrar decided the case in favor of the member in Feb 2012,till date Society has not reversed the amount in the maintanence bill of Repair Arrears.
Now in Feb 2013 lapse of 1 year (after decision given and time barred Appeal ),the Soceity has gone in appeal before the District Dep Registrar in the same Appeal for same cause of Action.On behalf of the aggrieved member ,its not fair so he wants to go in a Writ Petition to High Court against the Soceity.
Please advise on the writ of certoriati whether it applies to the Tribunal -Registrar of Societies-Maharashtra and if so will it be admissible
Adv. Priya M.