IN THE COURT OF ASSISTANT REGISTRAR

CO-OPERATIVE SOCIETIES (CIDCO) AT

NAVIMUMBAI, BELAPUR.
Application/Complaint No.____/2023
Mahendra
Ashok Kamble Complainant/
…………... Applicant

Versus

Bhumiraj
Woods CHS
Ltd & Ors.04 …………… Respondents

Rejoinder to the Written Statement filed by

Respondents.
I, Mr Mahendra Ashok Kamble, aged about 51
years do hereby state and pray for the
dismissal of the incumbent Managing
Committee and disqualification of responsible
persons for the next 5 years to being elected on
the following ground:
a) Fail to call AGM on or before the
prescribed period.
b) The office bearer of the managing
Committee fraudulently disposes of
property over which the society has a
prior claim, i.e., stilt parking space No.-
01 in building No.-A2.
c) One of the members of the Managing Committee,
Mr Rao concealed the fact that he
carries the business of letting,
subletting and selling flats in the
housing society of which he is a
member.

1) I have read and understood the contents of the

written statement filed by the Respondents
herein. In response thereto, I am filing this brief
rejoinder to controvert where necessary the
 contents of the said written statement.

2) In the contents of para 1 of the written

statement, the Respondents categorically
admitted that they had knowledge of the calling
of AGM on or before 30th Sept.2023 and the
proviso regarding the extension of the above-
referred date.
3) The first sentence of para 2 of the written
statement clearly states that the Respondents
admitted that they had realized that the
conduct of the AGM was delayed from the
prescribed time period U/S 75 of MCS Act
1960. Further Respondents states in para 02 of
the written statement that they had been
advised by your office that they can conduct
the AGM beyond the prescribed period i.e., 30th
Sept.2023. Thereupon the complainant
requests this Hon’ble Court to put the
Respondent to the strict proof for the same.
4) The contents of para 03 of the Respondent's
written statement, are false, baseless, frivolous,
and hence, denied by this Complainant. While
denying the same, the Respondent requests
this Hon’ble Court to put the Respondents to
the strict proof of the same.

5) The contents of para 04 of the Respondent's

written statement, are false, baseless, frivolous,
and hence, denied by this Complainant. While
denying the same, the Respondent submits that
if the previous secretary purposefully delayed
the handing over of the records and property to
the new committee, the Respondent should
have complained about the same to the
appropriate Authority.
6) Regarding Paragraph No. 05 of the Petition
under reply,
a) one of the members of the Managing
Committee, Mr Rao concealed the fact
 that he carries the business of letting,
subletting and selling flats in the
housing society of which he is a
member which leads to the
contravention of the provision of
section 154B-23(ii).
b) Moreover, he was involved as an Agent
in the buying and selling of the said
Flat No. A1/501 and Parking (Stilt
parking space No.-01 in building No.-
A2) of the Society.
c) The Complainant further submits that
it is the obligation of the Respondents
to check the complied document listed
under “transfer of Shares and interest
in the Capital/ Property of the Society”
Bye-Law No.38 viz. “Registered
Agreement with Stamp Duty paid” to
ascertain whether the concerned
member seeking transfer of his shares
and interest in the capital/ property of
the society or someone else.
d) The Complainant further submits that
the Respondents concealed the fact
that they had given all kinds of help
and CIDCO transfer NOC to the owner
of Flat No. A1/501, intentionally and
illegally.

7) The contents of para 06 of the written

statement of the Respondent, are false,
baseless and deviating from the fact. The
complaint letter dated 05/09/2023 was signed
and stamped by the incumbent person of the
society, other than Mr Vishnu. (Complaint
letter dated 05/09/2023 is annexed with
the complaint filed with this Hon’ble Court)
Further also states that Mr. Vishnu assumes
the society office till 17/09/2023. Therefore for,
the blatant allegation that the Ex-secretary was
in a position to manipulate the Ex-Manager,
the complainant requests this Hon’ble Court to
 put the Respondent to the strict proof for the
same.
.
8) The contents of para 07 of the written
statement of the Respondent show the
mentality of blaming others for their own
mistake, which is a sign of immaturity and lack
of personal responsibility, so it is being denied.

9) In view of the submissions made above, the

submissions made in response to the prayer
clause of the written statement of the
Respondent are disputed and denied.

Date: 20/11/2023
Place: Navimubai

Complainant/
Applicant

VERIFICATION
Verified at Navi Mumbai on this 20 th day of
November, 2023 that the contents of paragraphs No
01 to 09 the above rejoinder are true and to my
knowledge and belief, no part of it is false and
nothing material has been concealed therefrom.
Date: 20/11/2023
Place: Navimubai

Complainant/
Applicant