Dr.P.K. Banerjee
In our society [RNA Park, Chembur 400074] there were lots of financial mismanagement. More over MC members did not execute M20 bond [year of election 2005], therefore, in 2008 Dy Reg terminated that Managing Committee.
On couple of members request, u/s 81[6] Commissioner & Registrar ordered for re-auditing by a special govt auditor. In the re-auditing report lots of financial mismanagement were reported. For an example, every month Rs 32000 was paid to someone without any bill, invoice or agreement and there is no receipt. Lots of cash vouchers in which signature of cash precipitants is missing, are to name a few.
On the basis of Govt Auditors report some members have approached Dy Registrar to recover the society’s fund. Dy Registrar issued notice to the terminated MC members as well as us. After 8 hearings he appointed Mr Dipak Khandekar to fix responsibility, who is responsible for how much.
Mr Dipak Khandekar has prepared a 600 pages report and added various bogus documents in his report. In that report Khandekar has exonerated all the MC members by using illogical stories and false documents, however, at no place he has referred any act, rule or bye law. u/s 152 of MCA I have challenged Khnadekar’s report and matter is pending before Div Jt Registrar, Mumbai. 28 months have passed that i have filed Appeal no 57/2012, Dipak Khandekar has never attended any hearing, he has not filed any written reply till date. As per CPC written reply must be submitted within 30 days, could be extended upto 90 days. Since Div. Jt. Registrar is not doing anything other than adjournment, please advice what should i do?
I C Naik
File a writ of “Mandamus” in the High Court for an order to the Joint Registrar to her your appeal immediately. Where a public servant does not do his duty an aggrieved citizen has this right,
Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty.
