What provision to file suit
soniya
(Querist) 20 March 2012
This query is : Resolved
20.3.12
Sirs,
I am a member of a Premier Club in Mumbai
The Managing Committee is having vario;us litigations pending against them for mal-functioning and mis-appropriation on guise of repair and expansion.
The MC have passed very high handed and arbitrary rules and I was victimized in a very derogatory manner, I wrote to the secretary citing the incident and demanded to withdraw such rules and adequate publicity in the forthcoming magazine, so that other affected members are saved such embarrasment, quite expectedly the Secretary ignored and thereafter I have sent a reminder to the said effect also, all in the form of advocate letter and notice, ready for suit or complaint
I also asked the copy of constitution of the club and the extract of the minutes of the meeting in which such decision took place and clearly offered to pay prescribed charges for the copies of such documents, which was in both my letters but not responded to.
My querry : Which law and Court under what provisions should I file, the MC has to be booked, though I am aware they will also use this as and encashment memo for siphoning out monies in the form of legal charges on behalf of the club. I am myself a member of the same club.
Needless to say that when huge sums are involved, coterie is formed and elections are fully rigged.
Raj Kumar Makkad
(Expert) 20 March 2012
You should have a copy of the basic bye-laws of the club first and then should make this document as base. The entire actions taken by managing committee against the bye-laws should be got declared as null and void which may include the elections, the charge taking, the change of bank accounts, expenditure and all other actions.
You can file a civil suit before a civil court as your civil right has been infringed by such illegal actions of the proposed respondents.
PARTHA P BORBORA
(Expert) 20 March 2012
MR. Makkar is absolutely correct. I do support his view.
Shonee Kapoor
(Expert) 21 March 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
