Ashok Shetty
I am – owner of Flat No.5930 in Bldg. No.174, Anasuyasoot Cooperative Housing Society Ltd., Kannamwar Nagar, Vikhroli E, Mumbai 400083, and Maharashtra staying with my family in this Society, for more than 30years.
In the 35th AGM held on July 13, 2014 Secretary Mr. Vijay Chiplunkar charged several false, baseless allegations on me and my family. He presented many instances with half information and false information to the house. At the end of his more than one hour allegations, he asked house to expel me from the society. A resolution was passed to the effect that my expulsion from society be initiated after 6months. The said resolution was proposed by a member Mr. Satyawan Kharade and Seconded by a Member Mr. Anilchandra Sawant.
At the outset, I wish to say that there is no single complaint against me or my family members in the last 30years.
Till date I have been very prompt in payment to the society.
Till date I have not deceived the society with any false information.
Prior to the 35th AGM, there was no discussion from Society with me on topic of expulsion.
There is no mention of topic relating to discussion on expelling me from the society in the Agenda of the 35th AGM.
I was not allowed to speak my stand and defend my case on the false and baseless allegations charged by them on me.
I feel that the said resolution passed is illegal.
Recently I had asked Secretary and Chairman to quash the said resolution as it was illegal at the first stance and secondly that 6months time have also passed to which they say that they had no intention to expel me and in the AGM and had just discussed the topic with the intention to give me notice to mend my behaviour and since even after 6 months they have not initiated any action against me THERE IS NO NEED FOR THEM TO CANCEL THE SAID RESOLUTION.
I wish to say here that the Secretary and Chairman and the committee members are violating several bye laws, fail on performing in their duties, functions and responsibilities, willfully disobeying Registrar instruction to which I strongly oppose them. This is mainly the reason for them to malign me and my family character and thereby threatening me with discussion on expulsion.
Please guide me if Society has the power to discuss on expulsion in the AGM, without notice.
Please guide me if Society has the power to cancel the resolution passed in AGM , now that 6months have lapsed.
The main reason for me to insist to quash this resolution is that this illegal resolution was passed by leveling many baseless and false allegations which is acting as stigma on my and my family character.
Please inform me what course of action I can take legally if Society do not agree to quashing the resolution.
I C Naik
This has reference to my email dated 16 August 2014 and the same published on the website with your valuable comments on 7 October 2014 (by Mr Rohit Gupta), I wish to update you with latest development that on the said subject, The Registrar Mr. Nitin Kale has had a hearing of Me, Mrs Savita Godbole and Society Chairman, Secretary on 23.02.2015 with regards to non issuing of Home Loan NOC.
I am pleased to inform you that after hearing both the sides verbally and the documentations, Registrar in its ROJNAMA typed during this hearing has instructed Society to immediately issue me NOC to obtain the HOME LOAN for purchase of my adjoining flat ( i am already a member and owner of my existing flat in this society). copy attached for your kind reference.
Sir, please refer to my below email dated March 2, 2015 wherein I had briefed you with the development that took place after almost 8months after the AGM whereby I wish to add that on my request to delete the illegal resolution relating to my expulsion in the AGM, the Secretary and Chairman now inform me that “In the AGM Society has proposed to discuss the subject of expulsion from the point of view of giving notice to me. As on today, i have not been expelled as a member neither notice of expulsion has been decided to be issued by the society, so there is no need for Society to amend/delete/quash the said resolution on expulsion.”