CASE IN co operative court by a member of a Co op Housing Society ltd
5 years ago
Case Title ---Case in Co operative Court
Case Description
One Member of CHS filed a case in Co operative court that Sinking fund is misused by the Managing Committee Members. The case is against the SOciety and Secretary, chairman, Treasurer and MC Members. Now due to Election , new MC formed. The New MC members have refused to pay the advocate engaged by the Society to defend the case filed. Does that mean that the advocate fee to be borne by Old MC Members themselves. Whether stand of the New MC members is legally correct??
Deepak Yashwantrao Bade
Responded 5 years ago
RAMARAO MURTHY
Replied 5 years ago
sir What is the extent of liability of the Old MC Members ? is it iimited to the shares value issued by the CHS. Which Bye Law of CHS clearly states what is the liability and extent of liability of the MC Members. When a Member has filed a case a gainst Society, Chairman and secreary and Treasurer and pray that all MC Members to be removed in the M C Meeting it was resolved to refer the case to Advocate. How is that you are terming that they are defending in their personal capacity or that they appointed the advocate under their personal capacity. It is the society who appointed the advocate to defend. Hence New MC cannot refuse to pay the advocate fee who is already engaged to defend the case. Pl review your opinion sir
If the advocate was appointed in the personal capacity of those MC members then they have to pay from their pocket. If there is any resolution then the new members are bound to pay the advocate fees.
Rameshwar Dadhe
Responded 5 years ago
Tree near boundary
Property way dispute
Suit for Declaration Clarification
Regarding Preamtion
Building house on land assigned for shop
