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ash (director)     23 September 2023

Housing society in mumbai

Court has officially  levied penalty on mc members for not following procedure ( the basic of case filed by a member).now AGM is being called to pass a resolution that penalty need not be paid by mc members.can the AGM reverse the court order


 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 September 2023

The MC shall follow the court order or may appeal in the appellate court.

ash (director)     23 September 2023

Can AGM pass resolution for mc to not pay? And to be borne by the society

T. Kalaiselvan, Advocate (Advocate)     23 September 2023

The AGM or the MC is not above the court, the court order has to be obyed or if aggrieved  by the court order, then an appeal can be preferred against the same to set it aside before the appellate court.. 

This act of not obeying the court order may be construed as contempt of court and punishable against the person violating the court order. 

ash (director)     24 September 2023

What happens if a similar order is passed by deputy registrar of societies can AGM over ruke that order 

Dr. J C Vashista (Advocate )     24 September 2023

You have repeated same query today itself.

An order passed by DR (quasi-judicial) has to be appealed through a local prudent lawyer before appropriate authority as provided in State Cooperative Societies Act applicable in the case.

However, AGM cannot over rule.

AGM has to abide by orders passed by Deputy Registrar Cooperative Societies, if not assailed. 

ash (director)     24 September 2023

Thanks so much

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 September 2023

The Managing Committee represents the Society.  Any penalty can be levied on the Society and not selectively on the Managing Committee. I would like to know under which section of which law, for which fault, which court has levied penalty on the MC members. Managing Committee members work voluntarily  in an honorary capacity. There was a section in Maharashtra Co-operative Societies Act, 1960 to penalise MC members. It has been repealed long ago.

ash (director)     25 September 2023

The penalty was levied for not following due procedure for major.repairs...

The individual and collective liability of mc i think still remains u/s 73 1ab , only the the part where individual bond was to be filled by mc was repealed only for housing society butbtemoans for all other cooperative societies.

Pls correct me if wrong .


I reproduce the sec

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