HOUSING SOCIETY

If the case is filed against the secretary as the office bearer then the person who has resigned need not appear and the new secretary will appear before the court on behalf of the society. However if the secreatary is impleaded in his individual capacity, then the person has to appear before the court to defend his case.

THank's U

VISHAL SIR BUT THERE IS ANY LEGAL PROVISION OR SECTION OR CASE LAW IF AVAILABLE THEN PLEASE PROVIDE ME COPY.

You need to check the Summon/ Warrant served upon the Secretary of the society. If it is in the individual name of the Secretary then he is to continue appearing before the court to answer the charges leveled against him. However in case the same is in the name of 'The Secretary, _ Society' then he need not to appear and the person succeeding him in the office of the Secretary will reprsent before the court.

Summon/Warrnat are indivisulaistic in nature it is to note that if the Summon /Warrant beras designation then any person who is holding charge of that office is to do as directed by Summon/Warrant. In case it is address to a person by name then that person is liable for it.

I will strongly disagree with Mr Vishal as the queries thas stated that it is a criminal case which is registered against Mr __s/o _______, r/o_______, age ______ caste _____. His resignation from RWA is no no consequence.  I will also remind Mr Amit Junjhunwala that criminal case is never against any body corporate and only against natural persons. Theperson has to atttend the trial till discharged/sentenced.

Agree with Sudhir Kumar, and would be more agreeable if he doesnot revive dead threads.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com