Apartment association
Raghavan.k.
(Querist) 09 July 2014
This query is : Resolved
Our apartment association is a registered under cooperative socities Act.But the present office bearers have not been duly elected in a general body meeting.They want to file a case against builder in a court for recovery of money.Will the builder put up a defence that the office bearers have no locus standii to represent the associstion and also mi\ove the registrar of socities to take action against office bearers ?
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Kuummaar AS
(Expert) 10 July 2014
It is better to first elect office bearers properly and authorise some body to file case on behalf of society otherwise lot of time will be wasted on technical issues without any discussion on merits.
M V Gupta
(Expert) 12 July 2014
Rightly advised by Experts. I would like to add that any suit by a Coop Society needs a resolution by the G Body and specific authority to the office bearers to file affidavits written statements and verifications etc on behalf of the Society. If the above requirements are not complied , the Suit will be regarded as unauthorized. The persons who filed the suit in the name of the Society will be personally liable to make good loss sustained by the Society on account of such unauthorized action.
Sudhir Kumar, Advocate
(Expert) 12 July 2014
such argument of locus standie is bound to come from builder.
But in any case each office bearer even in official capacity is a buyer.
