Fictitious resolution mandatory to challenge ?
Ashok Kuvadia
(Querist) 01 March 2013
This query is : Resolved
Dear Experts,
QUERY : FICTITIOUS RESOLUTION MANDATORY TO BE CHALLENGE ?
(01) I have filed a Dispute against our Co-operative Housing Society at Co-operative Court appearing in person.
(02) Committee members of our Society had forged and fabricated a consent letter dated 04.04.2003. Wherein it is mentioned that S.G.B. Meeting was held on 30.03.2003 wherein it was decided & resolved to give development right to Mr. ANP.
(03) Earlier to this Society admitted in its letter that Minutes & Resolution was not prepared and maintained since last Six years upto 16.02.2004. Afterward since it is forged, fabricated and bogus, Society created a story that everything is lost. (Means there is no possibility of existence of resolution of 30.03.2003).
(04) Society had never produced Original / Xerox copy of resolution dated 30.03.2003 and it is a fictitious event.
(05) In Co-operative Court I have challenged only consent letter dated 04.04.2003 since that was produced. But I have not challenged resolution dated 30.03.2003 since it is a fictitious event. And supposing that onus to prove it is not on me.
(06) Development agreement executed based on fictitious event of SGB Resolution dated 30.03.2003, but neither original nor Xerox is annexed anywhere in Development Agreement. Even no one is having its Xerox copy.
(07) Now the matter is at a stage of final argument and opponent have raise this point in their argument.
My Query :
(a) Was it necessary / mandatory to challenge S.G.B. Resolution of 30.03.2003 also even though it is totally fictitious event ?
(b) Not challenging of S.G.B. Resolution of 30.03.2003 in the Court since it is totally fictitious event, will remain my dispute incomplete, i.e. meaningless / futile ?
(c) Is there any remedy at this stage of final argument to rectify mistake, if mistake has been done ? What ?
Note: My query is only on limited purpose, therefore tried to briefed the matter.
Regards to all,
Ashok.
Devajyoti Barman
(Expert) 01 March 2013
Since the issue of fictitious resolution and the consent letter is inseparable from each other, you need not challenge the resolution.
Stick to your own point.
