Legal Question in Civil Litigation in India

Cooperative Housing Society

Newly elected body of managing committee of cooperative housing society came into charge since 1.2.2008. Earlier Secretary handed over the charge but not the voucher file. Matter was reported to District Deputy Registrar. No action from that end. After 8 months, voucher file received. Scrutiny showed cash-in-hand of Rs.40000/-. Earlier Secretary could not answered expenditure thereof nor returned the money. He admitted in writing that the said cash is with him. Matter was placed before AGM, where he requested for time upto March 2009 to return the money. AGM granted it. He did not returned the money till April 2009. He gave in writing that he will returned the money in 4 installments from May 2009 onwards. Present Managing Committee thought not to spend more money on litigation and granted him 4 installments to repay the money from May 2009 onwards. Now we are waiting. Advise us whether present managing committee was correct in not filing any complaint against Ex-secretary with Police or Court? What should be our next action? Is it prudent to spend another 40000/- on legal fees or court fees for recovery of Rs.40000/-?


Asked on 5/21/09, 6:54 am

3 Answers from Attorneys
KAMAL GROVER

Re: Cooperative Housing Society

you can file criminal case because money belongs to the society. If we will handle your case, we will not charge so high.

Regards

For more query plz email or call me at

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Note: We deals all over india.

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Answered on 5/21/09, 7:03 am
Pranav Desai PD Legal & Associates

Re: Cooperative Housing Society

Well!! it is difficult for us to ascertain whether the decision taken by the current Managing Committee is prudent or not. Though, I can suggest that you should have opted for justice so such kind of incidence does not occur again.

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Answered on 5/25/09, 6:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cooperative Housing Society

The decision about what is "prudent" or

"expedient" for you is not to be taken by lawyers.

You may state your question for guidance.

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Answered on 5/22/09, 1:00 am


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