• Role of employee filing petition in court on behalf of a society

Respected Madam,
I, Suresh Mishra, working as Manager in a Residential Society, filed a petition on behalf of the Society in the High Court of Bombay against Builder and one Building Resident for Property disputes of Society & Builder (I am not a Resident/ Owner in the said Society, I am Employee).
I wanted to know as I am selected in Government Job and about to join, will it create any problem for me at the time of Joining or thereafter in any way, as I had given undertaking that,  "No case is pending against me in any court of Law". 
Are Petitioner called in Court at the time of Hearing. Can the another party/Respondent file a false case against me, as the other Party is very Powerful.  If yes, Can I withdraw a petition filed by me and ask the society members to file it again by the residents themself.
Asked 1 year ago in Civil Law from adam,, Maharashtra
1) You have not made false statement that no case is pending against you . 

2) you have filed writ petition  on behalf of the society 

3) the respondent is at liberty to file suit against you 

4) you can with draw the petition if you so desire 
Ajay Sethi
Advocate, Mumbai
23116 Answers
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Dear Querist
You filed the case hence there is no question regarding the declaration in department in which you may got selected.

The petitioner(s) may called by court at the time of hearing if court think fit.

nobody can say that who may filed the false case against whom.

it will be better to withdraw your case and handed over the matter to society, you are only an employee of the society then why are you raise your voice on behalf of them, if they are able then they can handle the matter.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
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129 Consultations
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Hi, you have a filed a petition before the high court as capacity of Manager of Residential society so you need not bother much about that as you have not filed a petition before the Hon'ble High Court in your personal capacity.

2.  Don't worry about that case join the new  job and do your work.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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I wanted to know as I am selected in Government Job and about to join, will it create any problem for me at the time of Joining or thereafter in any way, as I had given undertaking that,  "No case is pending against me in any court of Law". 
You have not filed any case on your own neither you have any interest in the ongoing case.  You are just a manger of the society which is termed as an employee of the society and you have performed your employment obligations of filing or contesting the case in the court, therefore you are no where related to the case hence you do not have any case pending against you.  While leaving this employment it is certain that you are required to hand over the duties and responsibilities of your employment to the society,and this is one among them handed over things. Therefore there is nothing to be concerned about this, you can very well take up the government job in offer now without any worry about this. 


Are Petitioner called in Court at the time of Hearing. Can the another party/Respondent file a false case against me, as the other Party is very Powerful.  If yes, Can I withdraw a petition filed by me and ask the society members to file it again by the residents themself.
You may ask the society to authorise some other official to look after the pending case after your resignation, that will take care of all the issues. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
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1. You have filed the case on behalf of the society against the builder and a resident. The case is pending against the builder and resident who are the respondents. No case is pending against you.

2. The petitioner can be told to appear in the court. 

3. The opposing party may initiate appropriate legal proceedings against you.

4. You cannot withdraw the petition unless the society passes a resolution to authorize you to withdraw it.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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