Draft Reply to Dinesh Gedam ( 27/07/2023)

To,
Mr.
________________,
Mumbai

In Ref : Please refer your Llegal Nnotice dated 22/07/2023 addressed to the Secretary,
Kadambari CHS Ltd conveyed through Advocate Mr. C. S. Deshpande.

Dear Mr. ________,

The said notice was put before Tthe Executive Committee in its meeting dated
01/08/2023 discussed the contents of your Legal Notice. After extensive discussion on above-
mentioned Legal Notice dated 22/07/2023, in its the meeting and as decided by the Executive
Committee, the following reply is being sent to you.u with a request to take back your legal
notice.

At the outset, it is made clear that all the allegations made by you in your Llegal
Nnotice are uUntrue, preposterous, baseless, far away from the facts and, and mala-fide in
nature, hence, all such allegations levelled are vehemently and absolutely re denied by the
Executive Committee of Kadambari CHS Ltd.

Para-wise Reply:

[1.] In Re Para 1: In the corresponding paragraph of your Legal Notice, your notice in
para no 1, you have deliberately mentioned that the main object of the society is
to allot flats to its members, which is not entirely the truthhalf true. At the outset it
is made clear that tThe allotment of flats by the society to the member is subject
to the conditions, which includes, that the member is paying his full
contribution on time and as demanded by the society for completing the
construction of the society building.
[2.]

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[3.] It is to be noted that you You were not aonly a member of the society but in
addition also hadand for one full term (of 5 years), you as the were President of
the society.

A. Despite being the President of the society, you have not paid your own
contribution on time. You are the biggest defaulter of the society. The President
himself is expected to bear highest moral character and in your case, despite
knowing the financial health of the society, you have not acted with due
diligence and alacrity.

[A.] You are very much aware that you had indulged into the illegal activity of
falsification and fabrication of records to your own benefit thereby you tried to
obtain undue pecuniary financial gain which itself is a criminal act; Hence, you
have no moral and ethical standing to claim the flat in the society as a
matter of right.

[B.] As per the principles of the Co-operative Societies Act, each and every member
of a Co-operative Society is bound to follow the decisions of the AGM in letter
and in spirit. However, You have failed in your duties as a member of the Co-
operative Society and you cannot claim it as your legal right to have a flat
without paying your dues for such a long time.

[C.] The society has given all its members ample time and opportunity of
making the payments just like you. You have not fulfilled your promise and
all the time you were deceiving the society on one pretext or the other. Thus,
you have failed in your obligation as a member of the Kadambari CHS Ltd to
pay your dues as demanded by the society.

[D.] Moreover, it was found that while working as President of the society between
2013-18, you have abused your official position as president and you have forged
and falsely fabricated the records of the society. This malafide act of yours falls
under Cheating, Criminal Misappropriation of funds and Criminal breach
of Trust. Your Criminal Behavior is found detrimental to the interests of the
society and its members. For this criminal misconduct, the society had sought
written explanation from you on 25/05/2018.

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 [E.] The explanation furnished by you as sort by a letter dated 25/05/2018 is found
unsatisfactory by the society. In the AGM held in the year 2018, due to non-
payment of your dues, the AGM had passed a resolution of terminating your
membership. However, on the request of some of the members, after giving a
sympathetic consideration by the Executive Committee, this resolution was not
acted upon and you were given some more time to pay your dues. Despite these
liberal opportunities given by the society and the Executive Committee, you have
deliberately avoided making the payments to the society. On the contrary you
have started levelling false and baseless allegations against the members of the
Executive Committee who have taken a lenient view of your non-payment of
dues.

[4.] The Executive Committee of Kadambari CHS Ltd. has acted in a very generous and
liberal way to accommodate you but it is seen that all this while you have deceived
the society to farther your ill-intention of non-payment of your dues and now you
have been making wild and baseless allegations against the society and the Executive
Committee. It speaks volumes about your criminal and malafide intentions of
not making the legal dues of the society.
[5.]
[6.] The Executive Committee and the society hereby denies all these allegations made
by you in your legal notice.
[7.]
[8.] In Re Para 2: n your notice in n the corresponding paragraph of your Legal Notice,
para no 2, you have mentioned the fact about the Executive committee which
has been duly elected by following the due process of law. The said part is true
and is not denied.
[9.]

1.
[10.] In Re your notice in para 3: , In the corresponding paragraph of your Legal
Notice, you have mentioned the fact of the payment made by you. At the outset is
stated that the said fact is untrue and denied,, which as a matter of fact we would
like to mention that the said payment made by you is highly insufficient. Also
please take note of the fact that you in your Legal Notice have conveniently ignored
the factOn the contrary, the penal interest levied on the outstanding amount is
Rs. 1.35 crores. The same is seemingly and and you have conveniently ignored
this fact while drafting the saidis legal notice. This It clearly indicates shows your

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 mala fide and ill intention of not obeying the decisions of the AGM. Such This
defiance and will full ignorance shownhave by you clearly indicateds that you are
not a law-abiding member of the society.
[11.]

2.
[12.] In Re your legal notice in para 4: In the corresponding paragraph of your Legal
Notice, you have mentioned your mention about your own personal problems and
the fact that in-spite all this time the CHSsociety had time and again considered it
with sympathyetically and accordingly had given you enough time to pay your
dues. However, your conduct seems to display a carefree and callous attitude as
is evidenced by you are not submitting any your firm and clear written
commitment, along with a realistic and and clear-cut timeline of making the
payment (Including which includes the penal interest).
[13.]

3.
[14.] In Re your legal notice in para 5: In the corresponding paragraph of your Legal
Notice, , you have mentioned that the bank is ready to give you loan., Hhowever,
to our surprise you in your Legal Notice are notoriously are silent about payment
of the penal interest part. The executive committee vide its letter dated
06/07/2023, has requested you to submit your timeline of payment of
Contribution along with the as well as the penal interest. By far, and so far, you
have neither paid your outstanding dues nor given any written commitment
along with clear-cut timeline about any payment due of penal interest which is
due from you.
[15.]

4. In Re your legal notice in para 6 : In the corresponding paragraph of your Legal

Notice, , you have made brazen, baseless and unsubstantiated allegations
against the Secretary which are deniedvehemently denied by the Executive
Committee. The said allegations hold no merit are and completely fabricated tThe
society demands strict proof. of it from you, Ffailing which, the society shall
may take necessary legal action and shall pursue any legal remedy available. .
[16.]

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[17.] It is apparent appears from your conduct that you don’t want to pay your dues
and want to avail the benefits of the society, which is illegal and mala fide, and at
the expense of other members. Your conduct and language clearly indicate that for
you And to achieve yourthis illegal and malafide objective, you you have now
started making baseless and false allegations implicating against the Secretary
and other Executive Committee members.
[18.]

5.
[19.] In Re your legal notice in para 7 : In the corresponding paragraph of your Legal
Notice, ,you have alleged that the society is deliberately avoiding giving certain
away the documents to you, which is completely false and factually incorrecthence
denied. As decided and communicated in the previous AGM, the society had
submitted given all the necessary documents with to the collectors office and to
the bank. In light of theHowever, the bank has rejectinged your loan proposal
itand has returned all the relevant documents submitted back with to the society.
So far as the payment due from you is considered iIt has been communicated to you
in writing vide letter dated 06/07/2023. and Sso far, you have avoided answering
this communication. In addition to the fact that . yYou have not paid your full
contribution since last 13 years. Therefore, it is reasonable hencthat
presently,e, the society has serious doubts about your ability and intentions of
paying your contribution along withnd the penal interest. In light of you
demanding those documents back, Now since you are asking for the documents
again, the society in exchange wants a firm commitment with a clear-cut
timeline of payment of original contribution as well as the penal interest dues. It
has been communicated to you in writing vide letter dated 06/07/2023 and so far,
you have avoided answering this communication. You have not paid your full
contribution since last 13 years hence, the society has serious doubts about your
ability and intentions of paying your contribution and the penal interest. The
requirements of the society have been communicated to you in writing and without
showing any intention of paying your dues, you are indulging into the malafide acts
of making false allegations which is highly deplorable.
[20.]

6. In Re your legal notice in para 8: , In the corresponding paragraph of your Legal

Notice, you have made false claim that your subject was not put up before the

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 Executive committee. As a matter of fact, yYou yourself, were present in the
Executive Committee meeting held on 30th June 2023. Thereafter, the decision
of the committee meeting hads been communicated to you in writing on
06/07/2023. Now the Executive Committee has decided to put up all the
correspondence made by you before the Annual General Body meeting to be
held on 06/08/2023 and the decision of the AGM will be communicated to you in
due course. You are requested to attend the AGM for which notices have been
dispatched via speed post.

[21.]
7. In Re your legal notice in para 9: In the corresponding paragraph of your Legal
Notice, you have made several baseless and false allegations against all the members
of the Executive Committee which deserve no merit. All suchthe allegations made
are by you against all the members of the Executive Committee are denied as they
are baseless and false. It is important to note that yYou are not following the
decisions made in the AGM, you have not paid your dues since the last 13 years
inadvertently making you and you are the biggest defaulter of the society. Your
conduct at the outset is laced with malafide intention which is further manifested by
you not Instead of obeying the decisions of the AGM, with malafide intention
deleberatly you want to avoid making the payment of the dues which includes the
contribution and the penal interest.
[22.]

8. In Re With regard to your legal notice in para 10: In the corresponding paragraph of
your Legal Notice,, it is informed that unless you comply with the decisions of
the AGM and the Executive committee to pay your outstanding dues (Original
Contribution and the Penal Interest), the society will not consider any of your
request.

Evidence of mala-fide through your conduct :

9. It is also pertinent to note that despite being the President of the society, you have
not paid your own contribution on time. You have continuously defaulted on your
contributions. It is reasonable to expect that the President, in his office, is expected
to bear highest moral character. However your conduct reflects that despite knowing
the financial health of the society, you have neither acted within reason nor had half
a mind in applying in any due care and diligence in your own conduct.

10. You are very much aware of the fact that you had previously indulged into the
illegal and criminal activity of falsification and fabrication of records for your own
benefit by obtaining undue pecuniary financial gain. Hence, you have no moral and
ethical standing to claim the flat in the society as a matter of right.

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 11. As per the principles of the Co-operative Societies Act, each and every member of a
CHS is bound to follow the decisions of the AGM in letter and in spirit. However,
you have failed in your duties as a member of the CHS and you cannot claim it as
your legal right to have a flat without paying your dues for such a long time.

12. The society like in your own example, has given all its members ample time and
opportunity of making the payments. Yet, you have not fulfilled your promise.
Moreover, you were deceiving the society for all this time on one pretext or the
other. Thus, you have failed in your obligation as a member of the Kadambari CHS
Ltd to pay your dues as demanded by the society.

13. Additionally, it is not to be forgotten that while holding office as President of the
society between 2013-18, you abused your official position as president and you
have forged and falsely fabricated the records of the society. This mala fide act of
yours clearly falls under cheating, criminal misappropriation of funds and
criminal breach of Trust. Such exhibition of criminal nature and behavior by you
was found detrimental to the interests of the society and its members, for this
criminal misconduct, the society had also sought written explanation from you on
25/05/2018. The explanation furnished by you by a letter dated 25/05/2018 was
found unsatisfactory and in the 2018 AGM passed a resolution of terminating
your membership, due to non-payment of your dues. However, after giving a
sympathetic consideration by some members and the Executive Committee, this
resolution was not acted upon and you were given some more time to pay your dues.
Despite these liberal opportunities given by the society and the Executive
Committee, you have deliberately avoided making the payments to the society. On
the contrary you have started levelling false and baseless allegations against the
members of the Executive Committee who have taken a lenient view of your non-
payment of dues.

Conduct of the CHS and the Executive Committee

14. At the outset the Executive Committee and the society hereby denies such
allegations made either directly or indirectly by you in your Legal Notice. All such
allegations are denied for want of truth and completely false and fabricated.

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 15. The Executive Committee of Kadambari CHS Ltd. has always acted generously and
with open arms always finding ways to accommodate you and your requests.
However, it is evidence enough from your conduct that all this while you have
deceived the society to farther your ill-intention of non-payment of your dues and
now you have been making wild and baseless allegations against the society and the
Executive Committee. It speaks volumes about your criminal and mala fide
intentions of not making the legal dues of the society.

16.[23.] The Executive Committee of Kadambari CHS Ltd. has always acted in an
impartial and transparent manner and is committed to protect the interests of
all the members. All your correspondence made by you have been responded to
by the society.

[24.] In light of the above aAll members of the Executive Committee members
hereby whilst denying all the allegations made by you , we in your notice and
once again request you to pay your dues within 7 days of receiving this reply.

17.[25.] The society and its Executive committee members are in no way legally
liable to pay any legal notice charges to you or to your lawyer.

Please take note and comply.

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