1. Please refer to letter dated 1st
Feb 2014 addressed to members by Shri LC Tomar (Placed opposite).
2. There are three issues that have
repeatedly been mentioned in various Notices and letters by Shri LC Tomar;
these are:
(a) Rana
case details; and
(b) Increase
in penalty for wastage of water.
(c ) Performance
of Society Lawyer.
3. Rana
Case. The case is in final stage of culmination in the High Court and
details of the same have been more than adequately covered in GBMs and letters
to members by the previous MC. Suffice to say that any blame game at this stage
will only create an atmosphere of belligerence in the Society. Since we have no
control over the outcome of the case, there is hardly any merit in throwing mud
on each other.
4. Water
Wastage Penalty. While there is no argument against imposition of a
penalty on those who waste water, such increase in the penalty should have been
taken by the MC. Since the Secretary had taken the decision, it should have
been validated by the MC in its meeting and a record thereof made.
5. Performance
of Society Advocate. The Society’s advocate, Shri DS Patial has
successfully fought the following cases:
(a) Anil Sharma Vs AK Malpani and Ors in the
Court of Shri Sanjay Jindal in District Courts, Dwarka.
(b) AK Malpani and Ors Vs Anil Sharma in the
Court of Shri NK Kaushik in District Courts, Dwarka.
(c ) (Anil Sharma Vs DIN CGHS Ltd.) in the
court of the Financial Commissioner.
(d) Amrit Kaur Vs DIN CGHS Ltd in the Court
of Ms Anu Grover Baliga in District Courts,
Dwarka.
6. In addition, Shri DS Patial has given
invaluable advice in the following cases:
(a) Chand
Case*. It was his advice that we negotiate with Chand Construction Co.
rather than continue fighting a futile case. The Society saved Rs twelve lacs.
(b) Jeet
Raj Sethi Case*. The advice by Shri DS Patial was responsible for an
out of court settlement of the case.
* The
Society was clearly at fault in both the cases and was fighting the cases only
to delay the inevitable outcome. There is no record of the amount paid to the
lawyer hired to fight these cases in various courts.
7. It should best be left to judgments
pronounced by various courts in the cases listed above to gauge the competence
of Shri DS Patial; differing personal opinions on his performance
notwithstanding.
8. Any controversy on above issues is
unnecessary and totally avoidable. It is a waste of time and just not worth the
trouble. There are bound to be differences of opinion on any decision by the
MC. It is recommended that such differing opinions be discussed in MC meetings
and a common response presented.
Sd/xxxx
(Col Jagdish Madan, Retd)
02
Feb 2014
Shri VS Nagar
Shri Ashok Emani
Shri Vinod Dangi
Smt Vaishali
Chitre
Col RD Sharma, Retd
Shri K Ramachandran - Vice President
Smt Swapna Ghose - President
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