Mcs act 101 recovery case dissmissed on the false declaratio
arunkumar
(Querist) 14 August 2017
This query is : Resolved
A case filed before cooperative registrar under 101 mcs act after completing the prcedure mentioned as per bylaws. the case filed in november 2016 and application dismissed by the registrar on the basis of false allegation and declarations made by defaulter member.The d-member submitted his say on 3 march 2017 saying that i have already paid the dues till march 2017 and bank receipts will be submitted. The actual payment was made on 27 June 2017.(The bank entry of passbook).The application is filed in november 2016 and registrar saying that entry of 27th june 2017 is not made in your account statement submitted in nov 2016.
The agm was held on 13.8.13 and also on 27.9.15 when the resolution was passed for recovery under 101 mcs act. The say of the d-member says no such meetings were held though he was also present and shown his interest to become chairman of the society .All this was recorded in the minutes of the meetings and the true copy was submitted with the registrar along with 101 application. But still registrar is saying that no such meetings were held and the resolution passed without referring the attached documents and hence society's application is rejected. now the situation is that as my term as secretary is over on 31.3.2017 and the administrator is appointed on 1st of april 2017.If i want challenge this order of registrar dated 8 the august 2017 as a society member then what is the procedure and where to file the complaint for false declaration given on oath to get the favour of the registrar. by the d-member
P. Venu
(Expert) 14 August 2017
What is the advice of your lawyer?
Rajendra K Goyal
(Expert) 14 August 2017
Presently you are not secretary, member has paid the dues, leave the matter for administrator.
If your ego is not satisfied, discuss with local lawyer and proceed. Any fruitful gain is doubtful.
Hemant Agarwal
(Expert) 20 December 2017
1. It is because of such vindictive attitudes of the MC's, that the Cooperative movement is going down the sewage drain.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
