• Delhi cooperative societies act

A member of a cooperative society filed a complaint under the Delhi Preservation of Trees Act.  Litigation charges have been borne by the Society to defend the case.  At the GB meeting it was decided to pass these litigation charges alongwith interest to the members account.  The member contested and under arbitration it was decided that the such an imposition on the member was not justified in law.  As the present Managing Committee we wish to resolve the issue amicably what are the remedies available to the society since the GB decided that this litigation has to be borne by the member since all this stemmed from his complaint.
Asked 3 months ago in Property Law from New Delhi, Delhi
Religion: Other
1) the award passed by arbitrator is binding upon the society 

2) I presume society has not moved court to set aside award 

3) society can reverse charges imposed on member on basis of award 

4) the resolution passed by AGM has been set aside by arbitrator 
Ajay Sethi
Advocate, Mumbai
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1) issue circular to all members that resolution passed by AGM had been set aside by arbitrator 

2) that legal expenses incurred would have to be borne by the society
Ajay Sethi
Advocate, Mumbai
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1424 Consultations
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1. Put the notice in the Notice Board displayed in public area.
2. You can additionally send to the individual e-mail address of the members.
3. If the litigation is done by the Society in general then all the members must bear the proportionate costs.
4. only if litigation is done between two individual members then only other members may not be burdened with the litigation cost.
Devajyoti Barman
Advocate, Kolkata
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72 Consultations
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A member of a cooperative society filed a complaint under the Delhi Preservation of Trees Act.  Litigation charges have been borne by the Society to defend the case.  At the GB meeting it was decided to pass these litigation charges alongwith interest to the members account.  The member contested and under arbitration it was decided that the such an imposition on the member was not justified in law.  As the present Managing Committee we wish to resolve the issue amicably what are the remedies available to the society since the GB decided that this litigation has to be borne by the member since all this stemmed from his complaint.

The GB is not court nor it is above law.

With the developments in furtherance to this issue, there can be another meeting to discuss and modify the decision already taken.

The general body can meet once again and decide to modify the decision  in view of the development as per the prevailing circumstances. 
T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
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Sir how do we inform members about the resolution passed that has been set aside - by circulating a note, by minuting by the office beraers of the current MC, by a GB meeting or at the time of the next AGM.  In case the litigation amount is payable how do we inform members about the additional burden.

You can convene an extra ordinary meeting in this regard and discuss about the issues that needs the opinion of all the members to modify the decision already taken in view of the latest court development in this regard.
No member can object to the court decision hence a resolution should be passed to frame the issues as per the prevailing circumstance. 
T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
5.0 on 5.0

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