Distribution Of Society's Funds

[aneeshjaffery]

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Our Society After constructing the TDR Flats, sold one flat received as (compensation for existing members for develodping rights), and distributed sum of Rs. 1, 42.000/- each totalling to Rs. 17 Lacs and paid Income Tax of Rs. 14, Lacs by showing this as profit to some members. I was not paid as I oppased the distribution in capacity of Chairman.

As a Chairman I oppossed the distrubution in this manner.No permission was sought from the Dy. Registrar. The Dy Registrar on my complaint asked the Society to Deposit the money back to Society's account as there is no provision of naked distribution of funds under MCS Act 1960. In the mean time we had filed a suit with the C0-op Courts for this as well as other irregularities like encroching on foot-path,etc under sec91.

The Jt. Registrar stayed the order of Dy Registrar as the matter was Sub-judice. Subsequently we withdrew the case as our Lawyers goofed-up on sections applied and on misrepresentations of facts.

Now I would like to know if any time Bombay High Courts had passed any judgements in this matter. Because the Time Of India & Mid Day News Papers had written so many articles that the Society's fund cannat be distributed.But the news Paper articles are not taken as evidence.

Also can I file a writ petition in Bombay High Courts for this matter?
Anees H Jaffery