Restriction to go abroad

It shall be discussed by all the owners at the AGM of the society.

President / General Secretary function for and on behalf of association but not their individual capacity, which is collective decision of majority of members .

Is yours a registered association?  If any case if a case is filed in any court of law it will be in the name of the Association and the Managing Committee can nominate any particular office bearer to appear in court on behalf of the case. There must at least be one office bearer in town to look affter the affairs of the association, even if there is no case in court.If no name is specified it will be the chairman or secretary to appear before the court. In civil cases mostly the lawyer will handle the matter. Only some responsible office bearer will have to be in touch with the court/lawyer.

It's understandable that office bearers of an Apartment Owners Association may hesitate to file legal cases due to concerns about travel restrictions and disruptions to their routine life.

However, in India, travel restrictions due to pending legal cases depend on various factors: Nature of the Case – If the case is civil (such as disputes with builders or vendors), it generally does not impose travel restrictions.

 Criminal cases, however, may require court permission for international travel. Court Orders – If a court has issued specific restrictions, such as requiring the surrender of a passport or imposing a Look Out Circular (LOC), then travel may be restricted.

 Bail Conditions – If an individual is on bail in a criminal case, they may need court approval before traveling abroad.

Permission from Court – In many cases, courts allow international travel for legitimate reasons such as employment, medical treatment, or family emergencies.

The accused must file an application before the trial court explaining the reason for travel. For civil cases filed by an Apartment Owners Association, there is no automatic restriction on travel abroad.

If the concern is about inconvenience, the association can appoint legal representatives or lawyers to handle the case without requiring the office bearers to be personally involved in every court appearance.

What is the necessity to file a case?

Is thre any reason that requires to file any case againt the builder?

You may discuss with your actual problem instead of asking question about irrelevant topics and other than legal issues.

If at all the office bearers are not willing to take any legal action as per the necessity in the capacity of the office bearers on behalf of the registered association then they can resign the post for unable to perform their duties