Andheri court directs Meghwadi police to probe ₹4 crore legal fee claim by Oberoi Splendor CHS office bearers | Representative Photo
Mumbai: Can office bearers of a cooperative society claim the legal expenses incurred over fighting litigation filed against them and the society by any member of the society? This is the question raised before the metropolitan magistrate court, Andheri, in a complaint filed by a member of Oberoi Splendor CHS located in Jogeshwari (East).
TS Natrajan, a member of the society, had earlier this year moved the metropolitan magistrate court, Andheri, against three lawyers and also then office bearers of the society, raising the question over legal expenses claimed by the office bearers.
The magistrate court has asked the Meghwadi police to investigate the case and submit its report before the court for further action.
In his complaint, Natrajan has referred to the resolution passed in the society allowing the office bearers to claim the legal expenses from the society accounts, which is to the tune of Rs 4 crores, and claimed that “resolutions to pay to advocates and for bail bonds for members of society and staff in an FIR filed by police are shown as expenses to the society, which could never be permitted.”
Natrajan has further claimed that the cases so filed are against the office bearers and not the society. Hence, he questioned how the office bearers can claim legal expenses for cases against them. He stated that legal expenses to the tune of Rs 4 crores have been claimed from the society.
Col Arvind Ganguly, chairman of the society, who is also named an accused by Natrajan in his complaint, has said that Natrajan has indulged in filing several frivolous complaints against the office bearers of the society. “The office bearers are in a fiduciary position for the society. In this case, if cases are filed against them, how can they be personally held liable?” Ganguly asked.
He further added that most of these expenses have been incurred while fighting complaints registered by Natrajan. “Our society has been recognised as the best cooperative housing society in the city, and it is well maintained. Natrajan has huge dues pending, and this is nothing but arm-twisting,” Ganguly further alleged. Natrajan has denied that he has any dues pending.
