T SANKAR RAO (-) 23 February 2022
1.RWA is not furnishing copies of annual financial accounts which include Recipts & Payments Account, Income and Expenditure Account and Balance Sheet. Under which Sec.of CPC the petition is to be filed?
2.RWA is not conducting elections after the expiry of the term as per byelaws. Under which section of CPC the petition is to be filed?
Palak batra 23 February 2022
Dear Querist,
A Resident Welfare Association (RWA) is a voluntary association of member residents. An RWA is usually registered as a voluntary society of persons under the Societies Registration Act, 1860.
A Temporary Injunction may be granted under Order 39 of CPC, 1908. A Permanent Injunction may be granted, after hearing both parties, under sections 38-42 of the Specific Relief Act, 1963. For both, a lawsuit can be filed against the President or General Secretary of the RWA, or as per any specific rules of the state government under Societies Registration Act, 1860, read with Code of Civil Procedure,1908.
Remedy of Injunction under Section 9 of the Civil Procedure Code, 1908 is an order or decree requiring the RWA to refrain from committing a specific act, either in process or threatened, that is injurious to the resident.
Regards,
Palak
T SANKAR RAO (-) 24 February 2022
Thank you, Sir
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