Hsg Society MC Disqualification–HC Bombay Judgement–Hon’ble Justice Amit Borkar
Reading the entire judgement will add to our knowledge vis a vis management of Housing Society affairs.
Of particular relevance are the paras as under
Para 26– Deals with Core Compliances by the Managing Committee
Para 27– Deals with Ancillary Compliances
Para 28- Appointment of Auditor
Para 40– Who has the duty ?
Para 41– Nature of duty
Para 42– Registrar’s discretion
Para 44–Application of Section 75/5 in respect of Housing Society
- What is grave default ?
- What is audit related default ?
- What is technical default ?
Para 50–What matters is the nature of the non-compliance and its impact on members’ rights -The correct test is the quality, gravity and the effect of the lapse on the co-operative governance.
Para 51–Refers to tests must be applied by the Registrar–when deciding whether to disqualify , impose a penalty or appoint an Administrator under Section 75[5]–
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