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Priya Mengaji (Advocate)     09 February 2013

Appeal for case decided in section 101 of mcs of 960

Hi,

This is query about a decision given in a Recovery case filed under Section 101 of MCS Act 1960 in favor of the member since it there were not maintanence arrears but repair charges in dispute.

The Deputy Registrar  ,Mumbai had given decision in Sep 2010 ,the Society made an appeal in 2011 before District Dep Registrar ,who decided and redirected Appeal back in favor of member asking Dep. Registrar to check if they are maintanence arrears.Again the Dep Registrar decided the case in favor of the member in  Feb 2012,till date Society has not reversed the amount in the maintanence bill of Repair Arrears.

Now in Feb 2013 ,Soceity has gone in appeal before the District Dep Registrar in the same Appeal for same cause of Action.On behalf of the member ,its not fair so he wants to go in a Writ Petition to High Court .

Please advise on the writ part whether it applies to the Registrar of Societies and if so which writ?

Regards,

Priya M



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