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BS Rangi (President)     27 March 2021

Litigation and making party by respondents

Sir,

I as President of Residents Welfare Assn (RWA) of our private colony filed case against the builder due to arbitrary increasing the rates of water charges to Rs 8/- per unit..He also started charging GST on water and sewerage. Case was filed in lower court Kalka,Haryana. Interim order was passed by Hon'ble Court to continue paying at Govt approved rates as per Haryana Govt Notification.That is being done. 

Recently other party (OP) lawyer got summons issued to all 27 member of RWA ,while case is being fought collectively by RWA..

Facts of the case:-

1. Case has been  filed and being represented by president RWA through a lawyer for last three years.

2. Interim order was passed by Hon'ble court which is being adhered to by members of RWA.

3. Possibly to delay or create panic among members of our RWA these summons were issued.   

My Query:-

1. Can such  summons be issued  to all petitioners named in the case individually? Is this action legally tenable?

2. Is OP involved in misusing the judicial process just to delay the process ?

3. Can any case or complaint be lodged against the lawyer who initiated this unnecessary litigation dragging all members of RWA,    

Please advise.

Rgds,

BS Rangi , bsrangi11@gmail.com

 



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