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Veerendra   22 March 2023

Is a general body resolution required by a chs to apppoint a lawyer ?

Dear all eminent lawyers,

I want to know the procedure by which a CHS ( In Mumbai, Maharastra ) can appoint a lawyer.

Can a lawyer be appointed only on the basis of a managing committee resolution or the approval of general body is required to appoint a lawyer.

If the approval of the general body is required to appoint a lawyer pls quote the relevant sections and citations.

I have seen on a you tube video  that recovery proceedings against a defaulter member can be intiated only after approval of the general body meeting. I cannot locate the video now. I do not know if it is true.

Now similarly can a society appoint a lwyer solely on the basis of a MC resolution of a general body resolution is required.

My case history in brief:

I filed a case against my society for wrong and over billing . For two and a half years the society did not file a reply and finally the judge passed the NO WS remark.

Now the society has appointed a lawyer based on some MC resoluton. He will in the next hearing apply to file WS.

Similarly the society was not giving me menbership . Finally I went to the deputy registrar and the ruling was i my favour. Now after 4 months the society has filed a revision application with the joint divisional registrar seeking condonation of delay and opposing the order.

Hope to see a lot of responses and many thanks in advance for the same.


Veerendra Darakh





 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 March 2023

The MC can decide about engaging a lawyer to defend the interests of the society/association, there is no legal infirmity or embargo in it.

Since you have already got a decision in your favor you can pursue the matter vigorously because the society has got no case or their case appears to be weak.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 March 2023

for appointment of an advocate resolution has to be passed in managing committee

1 Like

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