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Kamal Shah (self employed)     25 June 2010

can a personi represent his wife

There is a shop in the name of the aunty and wife jointly. There is a dispute of tax and maintenance charges .

Actually the office bearers are themselves defaulters and when being exposed on our complaint, they are shielding themselves by projecting us as defaulters. Unknown and unauthorised person/s filed an application of recovery u/s 101 in the office of dy. registrar. A stranger attended the hearing pretending to be a manager of the society . After our valid arguments , the Dy registrar rejected the application and demand .

Again the strangers filed an appeal u/s 154 of MCS act 1960. Now can I appear on behalf of my wife as she cannot argue the way I can in the matter as I have gone 20000 feet deep under the sea to find the facts and the frauds done by imposters and impersonators.

Can a simple letter of authority is valid for the same .

Now one of the person whose name was projected as proposer and committee member has said in writing that he has neither proposed nor filed any recovery suit .There is a possibility that some third person hamust have forged his signature .Can the application be rejected ?

If the applicant/s whom i assume to be imposters , impersonators and usurpers and maybe they are either non-members ans also I claim that they are not legally elected committee members either and they have even not filled the M-20 bond . Can the application in such circumstances be rejected ?

What is the procedure for members to recover money from the self claimed office bearers who are not willing to leave the office as there are no election in last 10 years  but documents forged to  show election conducted and new committee assumed the office which is away from the fact that the same 2 persons without tetreasurer operated bank accounts and cheated the members for 10 years of which one is also a non-member who signed as chairman.

Is it so in the act that one cannot refer to the old facts where the matter was heard in the high court with the facts presented in petition were completely wrong and another petition we had withdrwan the petition with a liberty to file thepetition again which was granted .

please guide .



Learning

 1 Replies

Adv.Aiyer VLV (Proprietor)     25 June 2010

Mr. Kamal 

Kamaal ki batt to yeh hai

1. Ask committee to implead and get case dismissed. you bear expenses, you can take authorisation letter from committee to appear on their behalf.

2. file criminal complaint regarding impersonation

3. what is harm in having an advocate who can put through your research with right words, than saying i went 2000ft deep under sea, which might irritate court and sending you out

regards


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