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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 June 2011

How to initiate action for violation of co-op. court order

In our Co-operative Housing Society a member was using his flat as a shop. When asking him to discontinue had no effect, the Society sued him in Co-operative Court. The member agreed that what he had done was wrong. He gave a written undertaking to the court that he will vacate the flat as shop on or before 31-05-10. Afterwards he actually removed his goods from the flat and wrote to the Society on 01-06-10 that he had complied with the undertaking to the court. After a few months he wrote to the Secretary, among other things, that he wanted copies of the bonds signed by managing committee members under Sec:73 of the Co-op Soc Act. He was asked to pay for the cost of copying. He did not pay. Instead he resumed using the flat as shop. He also wrote to the registrar that his court undertaking was not valid as the MC members had not executed the bond. In the reply to the Registrar the Society wrote that the MC members had actually executed the bonds and he was not given a copy as he did not pay for it. Also the court action against him would be valid under Sec: 77 of the Act even if the MC members had not executed the bond

However the errant member continues to misuse the flat. The alternatives available to the Society are (1) complain to the police and file an FIR against him.(2) Apply to appropriate court for action against the member for contempt of court order. With the first option, police often refuse to file an FIR giving one excuse or the other. Regarding the second option going to court will be a lengthy and expensive procedure. What can the Society do to achieve quick results?



Learning

 1 Replies

Kwatra Corporate Advisors (Advocates)     19 June 2011

WE CAN ASSIST YOU ON THE SAME.


CONTACT US at 9811860574

or


011-29213198


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