Translated English Version
Office
of Deputy Registrar, Cooperative
Agency Pune
City
Sakar Sankul, Shivaji Nagar, Pune 411005
Phone
No: 020 -2 email drcspune@gmail.com
Ref . No : Pune City
To,
1) Shri. Vijay
Seghal (Applicant)
Ganga Nebula
Cooperative Housing Society Ltd.
Viman Nagar,
Pune 411004
2) Chairman /
Secretary
Ganga Nebula
Cooperative Housing Society Ltd.
Viman Nagar ,
Pune 411004
S. NO
230/A/3/2, Viman Nagar , Pune 411004
Subject: Renting
the Apartments
Context:
1)
The
Application submitted by Mr. Vijay Seghal member of Society to the society dated 13/09/2013 addressed to the
Chariman and photocopy of the same beinged received by this office on
25/04/2014.
2)
Hearing
conducted in this office on 04/06/2014.
According
to the above mentioned Context No. 1 Mr. Vijay Sehgal had submitted an
application via a letter addressed to the Chairman of the Society to convey
that “Society cannot prevent renting out the apartments to students and
bachelors” and a copy of the letter was submitted to this office and requested
appropriate action on it. Based on the application this office had sent notice
to the applicant and the society on 29/04/2014 informing them to attend a
hearing on 15/05/2014. The hearings were arranged on 15/05/2014, 27/05/2014 and
04/06/2014.
On 04/06/2014 Mr. Vijay Sehgal and
Society Chairman Mr. Ulhas Dani were present. Applicant Mr. Vijay Sehgal
informed that the Society had passed a resolution (Bill) in General
Meeting/Assembly for “Not to rent the apartments to Students or Bachelors”.
“This matter (such resolutions) is against the Cooperative Law. Bachelors are
staying in one of the buildings of the society. Therefore the Society should
revert the resolution passed in the General Meeting. The Society should setup
rules regarding renting of the apartments. If someone breaks the rule then the
society should recover fines from them. The Society should let at least the
Bachelor’s live in the apartments by making them sign Undertakings”. The
Society Chairman Mr. Dani informed that “Society had taken decision in the
Annual General Meeting held of 25/08/2013. Since the Students staying the
society cause nuisance therefore the society had included this subject in the list
of topics for the special general meeting. In the General Meeting/Assembly the
resolution on the subject of renting out apartment to bachelors was discussed
and the resolution could not pass by 2/3rd votes. However in the
Special General Meeting held on 25\05\2014 the Society has passed a resolution
that ‘the members of the Society should follow/oblige the Society’s rules while
renting out apartments to families of working bachelors’. During this meeting
33 members were present. Out of the present members 18 voted for the resolution
and 14 against it. 1 member voted for both sides. I will present the documents
in this regard. Thereafter the relevant documents (for example: Meeting
Minutes) were presented to this office on 09/06/2014.
Hereby it is being informed that a
member of society should follow and submit application to the society under Society
bylaw No. 43. This has been decided by the General Assembly of the society.
As per bylaw No. 109 such decision requires simple majority. There is no
explicit provision in society’s Act or Rule or Sub-Rule regarding level/type of
majority to make such decision. Therefore the society should act as per bylaw No. 109 of Special General Meeting held on 25\05\2014.
Therefore ruling has been made on
the application submitted by the applicant.
(Vinayak V. Kokare)
Deputy Registrar
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