Bhanesh Agarwal (Secretary) 19 July 2014

Managing committee of housing society - caught in sec 83

Hello Dear Members,

I am involved in a case , where the MC of a Housing Society has been named by Registrar as responsible for losses caused to society by illegal spending of funds, as per enquiry report under sec 83, our society being located in Parel, Mumbai.

The said members of the committee have filed for stay to the Hon.Minister of Co-operative affairs of our state(Maharashtra).

The stay has been rejected, but a hearing has been scheduled.

I would like to know:-

1. Can we still appeal to the HIgh Court even before the hearing date for a stay on the Sec. 83?

2. Is it binding on us to wait until the hearing is over?

3.Can we do a writ petition.

Best Regards,

Bhavesh.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 20 July 2014

It is better to wait for the hearing by the lower court instead of rushing to the high court with an appeal. Filing a writ application in this regard will be a too early decision, wait for the turn of events in the lower court and then decide about further legal course of action.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 20 September 2014

1. IF the inquiry report u/s 83, is vague, THEN a WP can be filed in HC, for quashing report u/s 83, by giving appropriate reasoning's. ONLY after an Order is pronounced, an appeal is preferable, else the HC will just simply send back the matter to the relevant authority for "early disposal".

2. Typically in most matters u/s 83, the Coop.Dept. (Ministry) just simply upholds the report, and remands it back to Registrar for further orders (FIR etc.... )

Keep Smiling .... Hemant Agarwal
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