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Upendra M. Gaitonde (N.A.)     15 May 2013

Adoption of new model bye laws in housing society

Dear Sirs My Society held a Special General Meeting on 28/04/2013, ostensibily under the DDR's directive.

No specific Notice or order was received from the DDR that such meeting should be held

No authentic nodel-byelaws were distributed to the members for their perusal, prior to the meeting

The Resolution proposing the adoption of the New Byelaws could not get the support of 2/3rd of the majority of the participating members as required under Rule 12 of the M.C.S. Rules, 1961

Now the Managing Committee has displayed a Notice on the Notice Board that the new Bye Laws are aplicable "with immediate effect" without serving the Minutes of the Meeting held as aforesaid

Is the action of the Committee consistent with the law and fair and just?

I challange the action of the Committee and may take recourse to legal proceedings

Kindly advise

Thanking You

Regards

Upendra M. Gaitonde



Learning

 1 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     15 May 2013

yes there are lot of technical flaws in rsolution passed by society the same can be challenged on various grounds.

Adv.NIKHIL SETH

Mumbai


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