1

BEFORE THE HON’BLE CO-OPERAIVE MINISTER

STATE OF MAHARASTRA, MANTRALAYA, MUMBAI
REVISION APPLICAION NO 58 OF 2023
U/S 154 O MAHARASTRA CO-OPERATIVE SOCIETIES
ACT,1960

Mr. Amit R. Wadkar & Anr )…

Applicant
VERSUS
Anubandhan Co-op Housing Society Ltd) …
Respondents

WRITTEN SUBMISSION ON
BEHALF OF APPLICANT

MAY IT PLEASE YOUR HONOUR:

The Applicant is being aggrieved by order &

Recovery certificate passed/issued by ld. Jt.

Divisional Registrar (CIDCO) dated 23/11/2022.

In Application u/s. 154-B-29 of the Maharashtra

Co-operative Societies Act, 1960 for recovery of

amount Rs. 1,04,317/- filed by the Respondents

No. 1 through administrator Mr. Laxman

Shivram Lashkare appointed by the Deputy

 2

District Registrar. Whereby, the Applicant U/s

154 Of Maharashtra Co-Operative Societies

Act,1960 has challenged the impugned order

and Recovery certificate of amount Rs.

1,04,317/- dated 09.01.2023 passed by ld. Jt.

Divisional Registrar (CIDCO) without considering

the objections taken by Applicant.

The Applicant are accordingly, filing their

Written Submission has being aggrieved by the

same as:

1. The Applicant say that the Recovery

Application filed by the administrator on

behalf of the society is nothing except abuse

of process and same is not maintainable in

the eyes of law as the relief/s therein cannot

be granted at all. Moreover, the said

application as preferred by Respondents No.

 3

1 is absolutely without any substance, vague

and arbitrary and not sustainable in the eyes

of law, hence, order & Recovery certificate

passed/issued by ld. Jt. Divisional Registrar

(CIDCO) dated 23/11/2022 is wrong,

erroneous and illegal and bad in law and

deserves to be Set-aside. Moreover,

Respondents No. 1 have not at all given the

detailed disclosure of the dues which are

payable as to how he has arrived to the

amount of Rs. 1,04,317/- The Applicant

further say that there are no dues which are

pending on the part of Applicant till the year

December, 2021.

2. The Respondents No. 1 are trying to extort

money with malafide and ill motives to harass

the Applicant and also to misuse the powers

 4

and authorities of administrator has devolved

the tactics of extorting the money from the

Applicant and other society members by

preferring wrong, erroneous and vague

applications against other members of

societies as well.

3. That the order & Recovery certificate

passed/issued by ld. Jt. Divisional Registrar

(CIDCO) is based on false, frivolous, vexatious

statements and not maintainable either in law

or on facts and same deserves to be set-

aside. Since the Respondents No. 1 has

suppressed the facts and materials from ld. Jt.

Divisional Registrar (CIDCO).

4. The Applicant state that true and correct

facts which have been suppressed by the

Respondent No. 1 are as follows:

 5

4.1. That Applicant are lawful owners of

flat no. 403 situated at the applicant’s

society. That by virtue of the said title

we came to be admitted as members

of the applicant society.

4.1. That In 2018, a complaint was filed by

Mr. Tondwalkar before D.D.R. having

his office at Raigad Bhavan, Cidco

against the previous committee

members in respect of day to day

functioning of society suspecting and

claiming that the committee members

were misusing the society funds since

2006 to 2018 and a new committee

should be appointed. The D.D.R took

cognizance of the same and asked the

committee members to produce the

 6

books of accounts/ledgers for the year

2006 to 2018 once he was done

inspecting the same, he ordered us to

procced with the election process in

order to appoint new managing

committee. In January, 2019 Elections

were held in presence of a lady officer

and a new committee was elected

and Mr. Tondwalkar was elected as

secretary of said society. For first 6

months Mr. Tondwalkar refused to

take the charge of the society for the

reason best known to him, Society

members asked him to take the

charge as a Secretary and Society

Members will help him in managing

day to day affairs if any difficulties

 7

occur but he still refused. That again

upon complaint preferred by society

members who were still not admitted

by our society as no AGM was

conducted.

4.2. In 2018, by virtue of order passed by

deputy district registrar, administrator

Mr. Ganesh Gosawi was appointed.

4.3. That the appointment of Mr. Ganesh

Gosawi as administrator was itself an

issue which required to be addressed

at first. The appointment was done on

the basis of complaint preferred by

society members who were still not

admitted by our society as no AGM

was conducted.
 8

4.4. Since the administrator has been

appointed the members of the society

have been asking to show them the

order of registrar by virtue of which

he was appointed. That Applicant

along with other society members

have also inquired from the secretary

Mr. Tondwalkar(secretary appointed

after the registrars order) to show

them why & what was the need for

the appointment of administrator if all

the functioning of society was going

swiftly without any complications.

4.5. That as per provisions of section 77A

of the Maharashtra Co-operative

Societies Act; 1960, an administrator

is duty bound to conduct elections to

 9

the ·managing Committee within six

months of assuming office. However,

no attempt to conduct an election was

made by Mr. Ganesh Gosawi.

4.6. That from the time Mr. Ganesh

Gosawi was appointed as an

administrator, he was running the

society as per his whims and wishes.

Instead of committing to his rule &

duties of being administrator Mr.

Ganesh Gosawi has only been

committed towards misusing the

society funds for his own leisure and

enjoyment.

4.7. Since the managing committee was a

newly elected committee and all the

past books of account and audit

 10

reports of the year 2006-2018 were

already submitted to the DDR and the

inspection of the same was also done.

Still an audit was conducted by the

administrator for the years 2006-2018

which itself was irrelevant as the DDR

had already inspected the audit

reports.

4.8. That the copy of the audit reports for

year 2006-2018 which were

conducted by Mr. Ganesh Gosawi was

not provided to us even after several

reminders and requests.

4.9. That instead of providing us the

copies of audit report the

administrator started addressing us

demand notices stating that the

 11

society members have not paid their

maintenance for all these years

amounting to Rs.27,55,552/- (Twenty-

Seven Lakhs Fifty-Five Thousand Five

Hundred and Fifty-Two Only) with

interest to hide his malafides.

4.10.That the society procured the copies

of the audit report which was

conducted by the administrator

through their sources. After perusal of

the report it was discovered that the

administrator in collusion with the

auditor has added Rs. 9-10 Lakhs in

suspense account and has shown Rs.

27,55,552/-. That along with other

society members we have also filed

objection related to the said Audit

 12

Report and the dues raised by

administrator in them.

4.11.The society has functioned efficiently

salaries of the people employed by

the society have been paid on time

and various structural works have

also been carried out by the society in

the year 2006-2018. These facts show

us that the members have paid the

maintenance timely to the society and

the audit reports of administrators

has been arrived with illicit intentions

of grabbing monies from the society

members.

4.12.Since, Mr. Tondwalkar and Mr. Ganesh

Gosawi i.e. administrator took over

the societies day to day affair they

 13

have been misusing the funds for

their own needs and desires. The

administrator from the time of his

appointment has been charging the

society a sum of Rs. 10,000/- (Ten

Thousand Rupees only) per month

being his remuneration which is not

disputed by us since there is a

provision of same in law. He has been

withdrawing an additional amount of

Rs.3000/- (Three Thousand Rupees

only) for his assistant which he

himself has appointed and there is no

such provision under law that an

administrator can appoint an assistant

and charge the society for the same

work which he is supposed to do.

 14

4.13.That the collusion of secretary Mr.

Tondwalkar and Mr. Ganesh Gosawi is

evident from the fact that Mr.

Tondwalkar got himself a debit card

issued of our society’s account and

the same was used by them to

purchase an air conditioner, from

arcee electronics in November 2019,

also an additional expense of

Rs.26000/- (Twenty Six Thousand

Rupees Only) was incurred by them

for carrying out interior work of Mr.

Tondwalkar’s premises. The previous

committee members got knowledge

of this transactions via text messages

which they used to receive from the

 15

bank since their number was linked

with the bank account.

4.14. On 22nd February 2021 a final

demand notice was issued to the

Applicant seeking payment of dues

pending of Rs.1,10,945/- the amount

which was due as per the first and

second demand notice dated

8/12/2020, 17/12/2020 and

10/01/2021 respectively was

Rs.10,96,674 and the due amount got

increased in the final demand notice

date 22nd February 2021 for which the

justification has not been provided by

the administrator.

4.15. That the same issues and

grievances were brought to the ears

 16

of the administrator i.e. the applicant

at the time of replying to his final

demand notice dated 22nd February,

2022 but still the applicant continued

his misuse of powers.

4.16. That being aggrieved by the

conduct of the administrator the

society members have addressed

several complaints to enquiry officer

Mr. B.D. Ahire. As well as to Registrar,

Deputy Registrar, and Joint Divisional

Registrar Cooperative Societies but

have not received any relief from the

authorities till date and have been

suffering under the misconduct of

administrators.
 17

4.17.The administrator has successfully

extorted the monies from other

society members who have fallen

prey to his vague and baseless

threats.

4.18.The Applicant state that from the day

they have been admitted as the

members of the society they have

never defaulted on payment of

society maintenance which was Rs.

500/- per month now raised to Rs.

1000/- and the same can be seen

from the bank statements of the

Applicant.

5. The order & Recovery certificate

passed/issued by ld. Jt. Divisional Registrar

(CIDCO is based on suppression of true,

 18

correct and material facts having no veracity

in respect of the transpired facts and events

and the same deserves to be Set-aside.

Moreover, the Respondents no.1 has not

specified any reason as to how is the

maintenance defaulted by members has

amounted to Lakhs of Rupees in a society of

16 members. Thus, the Respondent No. 1

without going through the misdeeds of his

predecessor has preferred application for

recovery before Ld. Jt Divisional Registrar by

making such kind of vague, bald statements

without any substance, which exposes the

approach of the Respondent No. 1 is with

unclean hands without there being any cause

for him to file the Recovery Application at all.

 19

6. In the circumstances as mentioned

hereinabove it is demonstrably evident that

the Respondent No. 1 has preferred Recovery

Application is without any substance and or

cogent reason and the same was grossly

devoid of any merits and was not at all

maintainable. The said application was

preferred by the Respondent No. 1 is only

with malafide intention to extort money from

the Applicant so that he can continue to

harass the Applicant by engaging the

Applicant in the false, frivolous and vexatious

proceedings as filed by the Respondent No.

1.the Applicant further submits that the ld. Jt.

 20

Divisional Registrar (CIDCO) failed to consider

the complaints filed by the Applicant

intimating them the malafide conduct of the

administrator and the collusion between the

secretary i.e, Mr. Tondwalkar and the

administrator Mr. Ganesh Gosawi. Hence the

order & Recovery certificate passed/issued by

ld. Jt. Divisional Registrar (CIDCO) dated

23/11/2022 is contrary to law and against the

evidence on record thus, needs to be set-

aside.

Dated this ____th day of may 2023 at Navi

Mumbai

(Applicant)
 21

Advocate for the Applicant

VERIFICATION

I, Mr. _______________________________ , aged

__years, Occupation – __________, Indian Inhabitant,

having address as mentioned in the cause title do

hereby solemnly affirm on my behalf and on behalf of

 22

respondent no. 2that contents of paragraph aforesaid

are true to my personal knowledge and information

and I believe the same to be true.

Solemnly declared at Belapur )

On this …… day of May, 2023 )

(Mr.__________________________)

Identified by us,