visar pavati
civil judge senior division pune
law visar pawati
annuj goel goel ganga development
court of civil judge , pune
court of civil judge senior division
in the court of civil judge, senior division, pune at pune.
is visar pavati legal document
judgement of jmfc court pune in september
khushroo khobyar mumbai
sample for visar pavati
savita ingawale,pune
taba pavti
vilas nandgude patil signature
case on savita ingawale,pune
visar pavati validity
BEFORE HON’BLE DY REGISTRAR OF CO-OP SOCIETIES PUNE CITY(2)
AT Pune
Application NO. /08
Mr. Amar kumar Maiti
…. Applicant
V/S
Father Michael Co-Op
HSg. Society, … Respondents
This reply on behalf of the respondents to the application filed by applicant is as under :-
1) At the outset it is submitted that unless specifically admitted the contentions raised in the application may kindly be treated as denied.
2) The applicant has filed the present application out of personal vendetta and to harass the Society and its office bearers.
3) It is submitted that the applicant is defaulter of the Society and as per the circular issued by the Government of Maharashtra no complaint/application filed by any defaulter can be entertained by this Hon’ble authority.
4) It is further submitted that the applicant is most non-cooperative member in the Society, always acting contrary to the interest of the Society and the members. The applicant has always acted contrary to the principles of cooperation thereby holding at ransom the members of the Society.
5) It is submitted that the elections for the Managing Committee for the period 2003 -2008 of the society were duely held in the year 2003 and Committee constituted in 2003 was functioning in a manner by which the Society’s financial and general condition has improved to a great extent. The Managing Committee constituted in 2003 has got done many pending works in the society like roads, drainage, water supply, Gunthewari regularization, execution of Lease Deed and clearance of title of society etc. The society has been given
A Class Audit certification. Moreover, even the enquiry officer appointed by this Hon’ble Authority on the complaint of the applicant has given clean cheat to the society and the previous committee. On the contrary the applicant has filed numerous false cases against the society most of which have been dismissed being devoid of any merits.
b) The elections for the Managing Committee for the period 2008 – 2013 were declared in the November 2007 and Mr. Ramesh Shivgaonkar was appointed as the election officer for holding elections.
7) The Election officer, thereafter, published the election programme which was duly published as well as circulated to all the members of the society including the applicant.
8) As per election programme all the steps of election were conducted. Against 7 seats, 7 members had filed their valid nominations, and therefore, they were elected unopposed in the said election. Accordingly the election officer declared the result on 21/2/2008. Thus, a duly elected new Managing Committee has come in to existence and assumed office on 21/2/2008. On assuming office newly elected Managing Committee members signed the requisite Bonds on 22/2/2008 and submitted the same with this office thereby duly complying with the requirements of S. 73 (1- AB) of the Act and Rule 58-A of the Rules.
9) It is submitted that, it does not require any mention or explanation that once the new Managing Committee has assumed the office, question of the earlier Managing Committee or its constitution does not arise at all. Despite this, the applicant has filed the application seeking the prayer for dissolution of that Managing Committee which doesn’t exist at all. This shows the attitude and habit of the applicant to file false cases against the Society. The applicant has got frustrated due to the persistent defeat in his cases and is going on filing false and frivolous cases against Society. The present application has became infructuous on the date of filing itself, and therefore, it is not maintainable in the eyes of law .
10) It is further submitted that the applicant who is in the habit of making false cases has not even spared this Hob’ble Authority, and has, in fact, played fraud upon this Hob’ble Authority by concealing the facts. The applicant was/ is well aware about the coming in to existence of a new Managing Committee much before filing of this application. Despite this, he has not disclosed this fact to this authority, which amount to “fraud upon Court.” Therefore, on this ground alone the application needs to be dismissed with heavy costs.
11) It is submitted that a plain reading of S. 73 (1- AB) would show that consequence of non-compliance of S. 73 (1AB) has been specifically provided for and no other type of consequence can be read into it. In other words the S. does not provide for disqualification of a member / person not submitting the requisite Bond within stipulated time. Moreover, none of the provision of the Act, rule or bye laws provide for disqualification on the ground of non compliance of S. 73 (1- AB) and Rule 58-A. The applicant has made such prayer in spite obtaining legal assistance from an expert. This shows the vengant attitude of the applicant .
12) It is submitted that the previous Managing Committee has functioned for the period 2003 – 2008 and all its actions have been beneficial to the interest of the Society. Assuming but not admitting that the earlier committee had vacated the office for non-compliance of S. 73 (1- AB)read with Rule 58-A still the actions taken by earlier Managing Committee would get validated by the provisions of S. 77 of the Act. By the operation said S.77, the elections held in February 2008 would be valid and proper elections without any defects. The constitution of newly elected Managing Committee is valid and legal and there is absolutely no reason for the applicant to question its legality.
13) This Hon’ble Authority does not have jurisdiction to entertain such application relating to the election of the society and does not have the power to grant the prayer No. 3 which is for staying and quashing of election.
14) It is submitted that, the ruling submitted by the applicant are absolutely not relevant and not applicable to the present case, since new managing committee has already assumed office. There is no question of rejecting any Bond.
15) There are no grounds made out for appointment of administrator. In fact, the very prayer depicts the anti democratic attitude of applicant. The applicant does not want to the society to be managed by democratically elected Committee.
16) It is so strange that the applicant does not understand the simple fact that the applicant while intending to cause loss to the society and its members, is causing loss to himself also. This shows the perverted mental condition of the applicant.
17) In the light of above mentioned facts and circumstances it is prayed that :-
a) The application may kindly be dismissed with exemplary and compensatory of Rs. 10,000/-
Pune
Date : 18/3/08 Respondent No.
1,2, & 3
Advocate for
Respondents No.1,2 & 3
VERIFICATION
I, Mr.Gopinath S. Chalke, Chairman, Father Michel Co-op Hsg. Society, S. NO. 39/1/1, Vishrantwadi, Dhanori,Pune – 15 state above contents are true and correct to the best of my knowledge, belief ,information and faith and I sign today on 18th March 18, 2008 at Pune.
Respondent,No.2
Chairman,
Father Michel Co-op Hsg. Society,
BEFORE HON’BLE DY REGISTRAR OF CO-OP SOCIETIES PUNE CITY(2)
AT Pune
Application NO. /08
Mr. Hastak Dinkar Gaikwad
…. Applicant
V/S
Father Michael Co-Op
HSg. Society, … Respondents
This reply on behalf of the respondents to the application filed by applicant is as under :-
1) At the outset it is submitted that unless specifically admitted the contentions raised in the application may kindly be treated as denied.
2) The applicant has filed the present application out of personal vendetta and to harass the Society and its office bearers.
3) It is submitted that the applicant is defaulter of the Society and as per the circular issued by the Government of Maharashtra no complaint/application filed by any defaulter can be entertained by this Hon’ble authority.
4) It is further submitted that the applicant is most non-cooperative member in the Society, always acting contrary to the interest of the Society and the members. The applicant has always acted contrary to the principles of cooperation thereby holding at ransom the members of the Society.
5) It is submitted that the elections for the Managing Committee for the period 2003 -2008 of the society were duly held in the year 2003 and Committee constituted in 2003 was functioning in a manner by which the Society’s financial and general condition has improved to a great extent. The Managing Committee constituted in 2003 has got done many pending works in the society like roads, drainage, water supply, Gunthewari regularization, execution of Lease Deed and clearance of title of society etc. The society has been given
A Class Audit certification. Moreover, even the enquiry officer appointed by this Hon’ble Authority on the complaint of the applicant has given clean cheat to the society and the previous committee. On the contrary the applicant has filed numerous false cases against the society most of which have been dismissed being devoid of any merits.
b) The elections for the Managing Committee for the period 2008 – 2013 were declared in the November 2007 and Mr. Ramesh Shivgaonkar was appointed as the election officer for holding elections.
7) The Election officer, thereafter, published the election programme which was duly published as well as circulated to all the members of the society including the applicant.
8) As per election programme all the steps of election were conducted. Against 7 seats, 7 members had filed their valid nominations, and therefore, they were elected unopposed in the said election. Accordingly the election officer declared the result on 21/2/2008. Thus, a duly elected new Managing Committee has come in to existence and assumed office on 21/2/2008. On assuming office newly elected Managing Committee members signed the requisite Bonds on 22/2/2008 and submitted the same with this office thereby duly complying with the requirements of S. 73 (1- AB) of the Act and Rule 58-A of the Rules.
9) It is submitted that, it does not require any mention or explanation that once the new Managing Committee has assumed the office, question of the earlier Managing Committee or its constitution does not arise at all. Despite this, the applicant has filed the application seeking the prayer for dissolution of that Managing Committee which doesn’t exist at all. This shows the attitude and habit of the applicant to file false cases against the Society. The applicant him self is facing a criminal trial bearing S.C.C. No. 316/04 pending before J.M.F.C., Khadki filed by the society U/S 138 of N.I. Act. The applicant has got agitated due to the criminal trial and is going on filing false and frivolous cases against Society. The present application has became infructuous on the date of filing itself, and therefore, it is not maintainable in the eyes of law .
10) It is further submitted that the applicant who is in the habit of making false cases has not even spared this Hob’ble Authority, and has, in fact, played fraud upon this Hob’ble Authority by concealing the facts. The applicant was/ is well aware about the coming in to existence of a new Managing Committee much before filing of this application. Despite this, he has not disclosed this fact to this authority, which amount to “fraud upon Court.” Therefore, on this ground alone the application needs to be dismissed with heavy costs.
11) It is submitted that a plain reading of S. 73 (1- AB) would show that consequence of non-compliance of S. 73 (1AB) has been specifically provided for and no other type of consequence can be read into it. In other words the S. does not provide for disqualification of a member / person not submitting the requisite Bond within stipulated time. Moreover, none of the provision of the Act, rule or bye laws provide for disqualification on the ground of non compliance of S. 73 (1- AB) and Rule 58-A. The applicant has made such prayer in spite obtaining legal assistance from an expert. This shows the vengant attitude of the applicant .
12) It is submitted that the previous Managing Committee has functioned for the period 2003 – 2008 and all its actions have been beneficial to the interest of the Society. Assuming but not admitting that the earlier committee had vacated the office for non-complince of S. 73 (1- AB)read with Rule 58-A still the actions taken by earlier Managing Committee would get validated by the provisions of S. 77 of the Act. By the operation said S.77, the elections held in February 2008 would be valid and proper elections without any defects. The constitution of newly elected Managing Committee is valid and legal and there is absolutely no reason for the applicant to question its legality.
13) This Hon’ble Authority does not have jurisdiction to entertain such application relating to the election of the society and does not have the power to grant the prayer No. 3 which is for staying and quashing of election.
14) It is submitted that, the ruling submitted by the applicant are absolutely not relevant and not applicable to the present case, since new managing committee has already assumed office. There is no question of rejecting any Bond.
15) There are no grounds made out for appointment of administrator. In fact, the very prayer depicts the anti democratic attitude of applicant. The applicant does not want to the society to be managed by democratically elected Committee.
16) It is so strange that the applicant does not understand the simple fact that the applicant while intending to cause loss to the society and its members, is causing loss to himself also. This shows the perverted mental condition of the applicant.
17) In the light of above mentioned facts and circumstances it is prayed that :-
a) The application may kindly be dismissed with exemplary and compensatory of Rs. 10,000/-
Pune
Date : 18/3/08 Respondent No.
1,2, & 3
Advocate for
Respondents No.1,2 & 3
VERIFICATION
I, Mr. Gopinath S. Chalke, Chairman, Father Michel Co-op Hsg. Society, S. NO. 39/1/1, Vishrantwadi, Dhanori,Pune – 15 state above contents are true and correct to the best of my knowledge, belief ,information and faith and I sign today on 18th March 18, 2008 at Pune.
Respondent,No.2
Chairman,
Father Michel Co-op Hsg. Society,
civil judge senior division pune
law visar pawati
annuj goel goel ganga development
court of civil judge , pune
court of civil judge senior division
in the court of civil judge, senior division, pune at pune.
is visar pavati legal document
judgement of jmfc court pune in september
khushroo khobyar mumbai
sample for visar pavati
savita ingawale,pune
taba pavti
vilas nandgude patil signature
case on savita ingawale,pune
visar pavati validity
BEFORE HON’BLE DY REGISTRAR OF CO-OP SOCIETIES PUNE CITY(2)
AT Pune
Application NO. /08
Mr. Amar kumar Maiti
…. Applicant
V/S
Father Michael Co-Op
HSg. Society, … Respondents
This reply on behalf of the respondents to the application filed by applicant is as under :-
1) At the outset it is submitted that unless specifically admitted the contentions raised in the application may kindly be treated as denied.
2) The applicant has filed the present application out of personal vendetta and to harass the Society and its office bearers.
3) It is submitted that the applicant is defaulter of the Society and as per the circular issued by the Government of Maharashtra no complaint/application filed by any defaulter can be entertained by this Hon’ble authority.
4) It is further submitted that the applicant is most non-cooperative member in the Society, always acting contrary to the interest of the Society and the members. The applicant has always acted contrary to the principles of cooperation thereby holding at ransom the members of the Society.
5) It is submitted that the elections for the Managing Committee for the period 2003 -2008 of the society were duely held in the year 2003 and Committee constituted in 2003 was functioning in a manner by which the Society’s financial and general condition has improved to a great extent. The Managing Committee constituted in 2003 has got done many pending works in the society like roads, drainage, water supply, Gunthewari regularization, execution of Lease Deed and clearance of title of society etc. The society has been given
A Class Audit certification. Moreover, even the enquiry officer appointed by this Hon’ble Authority on the complaint of the applicant has given clean cheat to the society and the previous committee. On the contrary the applicant has filed numerous false cases against the society most of which have been dismissed being devoid of any merits.
b) The elections for the Managing Committee for the period 2008 – 2013 were declared in the November 2007 and Mr. Ramesh Shivgaonkar was appointed as the election officer for holding elections.
7) The Election officer, thereafter, published the election programme which was duly published as well as circulated to all the members of the society including the applicant.
8) As per election programme all the steps of election were conducted. Against 7 seats, 7 members had filed their valid nominations, and therefore, they were elected unopposed in the said election. Accordingly the election officer declared the result on 21/2/2008. Thus, a duly elected new Managing Committee has come in to existence and assumed office on 21/2/2008. On assuming office newly elected Managing Committee members signed the requisite Bonds on 22/2/2008 and submitted the same with this office thereby duly complying with the requirements of S. 73 (1- AB) of the Act and Rule 58-A of the Rules.
9) It is submitted that, it does not require any mention or explanation that once the new Managing Committee has assumed the office, question of the earlier Managing Committee or its constitution does not arise at all. Despite this, the applicant has filed the application seeking the prayer for dissolution of that Managing Committee which doesn’t exist at all. This shows the attitude and habit of the applicant to file false cases against the Society. The applicant has got frustrated due to the persistent defeat in his cases and is going on filing false and frivolous cases against Society. The present application has became infructuous on the date of filing itself, and therefore, it is not maintainable in the eyes of law .
10) It is further submitted that the applicant who is in the habit of making false cases has not even spared this Hob’ble Authority, and has, in fact, played fraud upon this Hob’ble Authority by concealing the facts. The applicant was/ is well aware about the coming in to existence of a new Managing Committee much before filing of this application. Despite this, he has not disclosed this fact to this authority, which amount to “fraud upon Court.” Therefore, on this ground alone the application needs to be dismissed with heavy costs.
11) It is submitted that a plain reading of S. 73 (1- AB) would show that consequence of non-compliance of S. 73 (1AB) has been specifically provided for and no other type of consequence can be read into it. In other words the S. does not provide for disqualification of a member / person not submitting the requisite Bond within stipulated time. Moreover, none of the provision of the Act, rule or bye laws provide for disqualification on the ground of non compliance of S. 73 (1- AB) and Rule 58-A. The applicant has made such prayer in spite obtaining legal assistance from an expert. This shows the vengant attitude of the applicant .
12) It is submitted that the previous Managing Committee has functioned for the period 2003 – 2008 and all its actions have been beneficial to the interest of the Society. Assuming but not admitting that the earlier committee had vacated the office for non-compliance of S. 73 (1- AB)read with Rule 58-A still the actions taken by earlier Managing Committee would get validated by the provisions of S. 77 of the Act. By the operation said S.77, the elections held in February 2008 would be valid and proper elections without any defects. The constitution of newly elected Managing Committee is valid and legal and there is absolutely no reason for the applicant to question its legality.
13) This Hon’ble Authority does not have jurisdiction to entertain such application relating to the election of the society and does not have the power to grant the prayer No. 3 which is for staying and quashing of election.
14) It is submitted that, the ruling submitted by the applicant are absolutely not relevant and not applicable to the present case, since new managing committee has already assumed office. There is no question of rejecting any Bond.
15) There are no grounds made out for appointment of administrator. In fact, the very prayer depicts the anti democratic attitude of applicant. The applicant does not want to the society to be managed by democratically elected Committee.
16) It is so strange that the applicant does not understand the simple fact that the applicant while intending to cause loss to the society and its members, is causing loss to himself also. This shows the perverted mental condition of the applicant.
17) In the light of above mentioned facts and circumstances it is prayed that :-
a) The application may kindly be dismissed with exemplary and compensatory of Rs. 10,000/-
Pune
Date : 18/3/08 Respondent No.
1,2, & 3
Advocate for
Respondents No.1,2 & 3
VERIFICATION
I, Mr.Gopinath S. Chalke, Chairman, Father Michel Co-op Hsg. Society, S. NO. 39/1/1, Vishrantwadi, Dhanori,Pune – 15 state above contents are true and correct to the best of my knowledge, belief ,information and faith and I sign today on 18th March 18, 2008 at Pune.
Respondent,No.2
Chairman,
Father Michel Co-op Hsg. Society,
BEFORE HON’BLE DY REGISTRAR OF CO-OP SOCIETIES PUNE CITY(2)
AT Pune
Application NO. /08
Mr. Hastak Dinkar Gaikwad
…. Applicant
V/S
Father Michael Co-Op
HSg. Society, … Respondents
This reply on behalf of the respondents to the application filed by applicant is as under :-
1) At the outset it is submitted that unless specifically admitted the contentions raised in the application may kindly be treated as denied.
2) The applicant has filed the present application out of personal vendetta and to harass the Society and its office bearers.
3) It is submitted that the applicant is defaulter of the Society and as per the circular issued by the Government of Maharashtra no complaint/application filed by any defaulter can be entertained by this Hon’ble authority.
4) It is further submitted that the applicant is most non-cooperative member in the Society, always acting contrary to the interest of the Society and the members. The applicant has always acted contrary to the principles of cooperation thereby holding at ransom the members of the Society.
5) It is submitted that the elections for the Managing Committee for the period 2003 -2008 of the society were duly held in the year 2003 and Committee constituted in 2003 was functioning in a manner by which the Society’s financial and general condition has improved to a great extent. The Managing Committee constituted in 2003 has got done many pending works in the society like roads, drainage, water supply, Gunthewari regularization, execution of Lease Deed and clearance of title of society etc. The society has been given
A Class Audit certification. Moreover, even the enquiry officer appointed by this Hon’ble Authority on the complaint of the applicant has given clean cheat to the society and the previous committee. On the contrary the applicant has filed numerous false cases against the society most of which have been dismissed being devoid of any merits.
b) The elections for the Managing Committee for the period 2008 – 2013 were declared in the November 2007 and Mr. Ramesh Shivgaonkar was appointed as the election officer for holding elections.
7) The Election officer, thereafter, published the election programme which was duly published as well as circulated to all the members of the society including the applicant.
8) As per election programme all the steps of election were conducted. Against 7 seats, 7 members had filed their valid nominations, and therefore, they were elected unopposed in the said election. Accordingly the election officer declared the result on 21/2/2008. Thus, a duly elected new Managing Committee has come in to existence and assumed office on 21/2/2008. On assuming office newly elected Managing Committee members signed the requisite Bonds on 22/2/2008 and submitted the same with this office thereby duly complying with the requirements of S. 73 (1- AB) of the Act and Rule 58-A of the Rules.
9) It is submitted that, it does not require any mention or explanation that once the new Managing Committee has assumed the office, question of the earlier Managing Committee or its constitution does not arise at all. Despite this, the applicant has filed the application seeking the prayer for dissolution of that Managing Committee which doesn’t exist at all. This shows the attitude and habit of the applicant to file false cases against the Society. The applicant him self is facing a criminal trial bearing S.C.C. No. 316/04 pending before J.M.F.C., Khadki filed by the society U/S 138 of N.I. Act. The applicant has got agitated due to the criminal trial and is going on filing false and frivolous cases against Society. The present application has became infructuous on the date of filing itself, and therefore, it is not maintainable in the eyes of law .
10) It is further submitted that the applicant who is in the habit of making false cases has not even spared this Hob’ble Authority, and has, in fact, played fraud upon this Hob’ble Authority by concealing the facts. The applicant was/ is well aware about the coming in to existence of a new Managing Committee much before filing of this application. Despite this, he has not disclosed this fact to this authority, which amount to “fraud upon Court.” Therefore, on this ground alone the application needs to be dismissed with heavy costs.
11) It is submitted that a plain reading of S. 73 (1- AB) would show that consequence of non-compliance of S. 73 (1AB) has been specifically provided for and no other type of consequence can be read into it. In other words the S. does not provide for disqualification of a member / person not submitting the requisite Bond within stipulated time. Moreover, none of the provision of the Act, rule or bye laws provide for disqualification on the ground of non compliance of S. 73 (1- AB) and Rule 58-A. The applicant has made such prayer in spite obtaining legal assistance from an expert. This shows the vengant attitude of the applicant .
12) It is submitted that the previous Managing Committee has functioned for the period 2003 – 2008 and all its actions have been beneficial to the interest of the Society. Assuming but not admitting that the earlier committee had vacated the office for non-complince of S. 73 (1- AB)read with Rule 58-A still the actions taken by earlier Managing Committee would get validated by the provisions of S. 77 of the Act. By the operation said S.77, the elections held in February 2008 would be valid and proper elections without any defects. The constitution of newly elected Managing Committee is valid and legal and there is absolutely no reason for the applicant to question its legality.
13) This Hon’ble Authority does not have jurisdiction to entertain such application relating to the election of the society and does not have the power to grant the prayer No. 3 which is for staying and quashing of election.
14) It is submitted that, the ruling submitted by the applicant are absolutely not relevant and not applicable to the present case, since new managing committee has already assumed office. There is no question of rejecting any Bond.
15) There are no grounds made out for appointment of administrator. In fact, the very prayer depicts the anti democratic attitude of applicant. The applicant does not want to the society to be managed by democratically elected Committee.
16) It is so strange that the applicant does not understand the simple fact that the applicant while intending to cause loss to the society and its members, is causing loss to himself also. This shows the perverted mental condition of the applicant.
17) In the light of above mentioned facts and circumstances it is prayed that :-
a) The application may kindly be dismissed with exemplary and compensatory of Rs. 10,000/-
Pune
Date : 18/3/08 Respondent No.
1,2, & 3
Advocate for
Respondents No.1,2 & 3
VERIFICATION
I, Mr. Gopinath S. Chalke, Chairman, Father Michel Co-op Hsg. Society, S. NO. 39/1/1, Vishrantwadi, Dhanori,Pune – 15 state above contents are true and correct to the best of my knowledge, belief ,information and faith and I sign today on 18th March 18, 2008 at Pune.
Respondent,No.2
Chairman,
Father Michel Co-op Hsg. Society,
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