Maharastra co op act 1960
shabbir boltwala
(Querist) 12 November 2015
This query is : Resolved
co op society filed recovery action under sec 91 to recover maintaince other dues from 1997-2003 before co op court against member a pvt ltd co.
the bank had intiated proceeding agaist this member in 2001 before DRT for recovery of its loan amount dues.
the advocate reprsenting the bank before DRT, by pvt treaty in oct 2007 with bank purchased the asset of this defaulting member inspite of DRT directive to bank to sell the premises thru public auction only.
the society recived recovery award in march 2008 and proceeded for recovery when the purchaser advocate as intervenor blocked recovery and matter was contested upto div jt registrar passed order in favor of soc directing federation recover officer o proceed for recovery and the upset value and auction notice in news paper was published,
the soc filed Mis. application in co op court and purchaser was declared as RANK TRESPASSER in 2013. the purchaser filed appeal before maharastra applleate co op court court directed purchaser to deposit X amount and DISPUTE REVIVED and to be contested before lower court, same jugment was modified by president applleate courtby reducing the amount. puchaser filed writ in HIGH COURT, hon. judge high court passed order:orer april 2015
1)the dispute application shall now stand revived and shall be heard in accordance with law.
2) the statement of petioner purchaser is recorded that he shall hencefort pay the regular soc dues.
3)the aforsaid order is passed without prejudice to the rights and contention of the parties
the soc filed recovery proceeding before regisrar u/sec 101 for futher non payment against its member 2004 to 2013 and obtained award, purchaser filed review and asst registrar reduced the recovery amount disallowing soc claim of legal charges and arbitarlly reducing intrest from18 to 16pct.
purchaser simaltanously also filed application before asst. registrar in july 2014 for declaring him to be member of soc and pleading that his application of membership filed in2009 since not responded by soc as per sec. 22 he be admitted as member, soc sumitted that he is declared RANK TRESPASSER and as per order of appleate co op court and hon high court till dispute is logically concluded cannot be admitte as member, however asst registrar ignoring this dircted soc to admit him as member as also div jt registrar dismissing soc revision app vide order dtd oct. 2015.
query :
need to know which order to be implemned by soc.
that of hon. appleate court AND HIGH COURT which directed dispute revived and to heard by lower court in matter of RANK TRESPASSER AND OR THAT OF DIV JT REGISTRAR DIRECTING SOC TO ADMIT HIM AS MEMBER WITHOUT PUCHASER HAVING CONTSTED THE ORDER OF CO OP COURT IN WHICH HE IS DECLARED AS RANK TRESPASSER
weather purchaser duty bound to follow proccedure under co op act and require to submitt mandotory applcation form 20 1&2 so also 23 as per rule 38 and bound to clear all dues o soc.
can soc accept above application form resignation of member signed by director without resolution and acertaing weather signatory authorised to sign this forms.
adv.bharat @ PUNE
(Expert) 15 January 2017
No it can not be accepted with out the society resolution.
