Recovery of money from treasurer
Dear Sir / Madam, I had been elected in Managing Committee of our co-operative housing society during 2008-13 and I was Secretary of the Managing Committee. During preparation of Accounts for Auditing, I found that our Treasurer used to handle cash transactions and was using the cash for his personal requirements. To safe-guard himself, our treasurer held few records of the society as well stopped his functioning and declared his non-cooperation towards me and our Chairman since May 2011. I appealed for action of Deputy Registrar of Co-op. Hsg. Societies, Vasai. The authority held several hearings during 2011-13 during period of which we could not hold Annual General Body Meeting of our society. In 2013, the Deputy Registrar made compromise between us that the Treasurer would deposit the cash of 80 thousand he was holding into the bank account of our society. And after a period of 2 months, the Deputy Registrar issued an Order that because of not holding Annual General Body Meetings, Chairman and Secretary would have to leave the Managing Committee and the remaining members of the committee would carry out further functioning. Further, I appealed to Joint Registrar of Co-op. Hsg. Societies, Konkan Bhavan for recovery of 80 thousand from Treasurer and to reinstate our posts in Managing Committee. In 2015, the authority supported the decision of Deputy Registrar about our removal from Managing Committee; but not give instruction about the recovery of 80,000 from treasurer. Due to financial crisis at that period, I couldn't appeal in High Court for Justice. How can I proceed now? Please reply.
1. You can make appeal to the Hon'ble High Court with the Condonation of delay application with affidavit etc. & documents. But it is necessary to confirm whether appeal is maintenable or not.
As per the Limitation Act, 1963, the limitation period for an appeal to a High Court from any decree or order is ninety days. S. 5 of the Act provides that any appeal, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal within such period. Hence, you may appeal to the HC with an affidavit or application stating the reasons for such delay and if it satisfies the HC, in addition to certain apparent merit of your case, then the HC may admit your appeal.
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