Dear sir I am resident of a co op society located in and her I east Mumbai Maharashtra. Few months back appointed builder was dismissed during general body meeting. Later builder challenged this decision in high court. Result of Case is still pending and builder appealed not to appoint any other builder till the court gives final decision.
Under this situation committee member started process of appointing PMC. In general meeting resolution related to this issue was not agreed by majority of members. Is it legally right? Please guide.
I C Naik
The facts are not clear, so does the question. What is legally right? Builder is in Court against Society cancelling the Contract. He has every right to do so. Unless society is restrained by court from opening PMC there is noting wrong to go ahead with it, but if General Body rejects Committee’s proposal that is also legal. Only thing illegal seems to be cancellation of the Contract by the Society if so held by the Court.