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Satish Talnikar (Student)     28 October 2011

Action under section 101

A member of a registered cooperative society is consisting defaulting the dues in spite of regular raising of monthly bills to him. Repeated notices have fallen on the deaf ear of the said defaulting member.  The society has issued him a final notice stating therein if the dues are not paid within 7 days, action under Section 101 will be initiated against him, to which he has replied that due his financial constraints, he is unable to pay the dues.  Can the society proceed against him in spite of his financial constraints?  Is there any legal bar from proceeding against the defaulting member who pleads his financial constraints? (The said member is an owner of two two-wheelers and a sedan car.).  Please give suitable advice.  Thanks!!!



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