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Frank   12 December 2015

Member asking for noc when recovery u/s.88, mca pending.

Dear Ld. Members:

A members of a CHS in Mumbai is in process of disposing off his flat while an appeal filed by him, against the Order issued u/s.88 MCA for recovery/ compensation, is still pending with DJR. It is likely that the concerned member may sell his rights and interest in the CHS without obtaining NOC since it is not mandatory. What are the options before the CHS? Can society file a suit for injuction?

Regards, Frank



Learning

 3 Replies

Adv. Yogen Kakade (+ 91 9225510883)     14 December 2015

Hi,

The society can file a specific suit in this case for injunction.

T. Kalaiselvan, Advocate (Advocate)     23 December 2015

Yes the society can file a permanent injunction suit

Frank   23 May 2016

Many thanks Yogen Saheb and Kalaiselvan Saheb.


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