MARGAO
In a development that may have bearing on the functioning of the Cuncolim-based Sociedade Agricola dos Gaocares de Cuncolim e Veroda, a Margao Civil Court has restrained the President (manager) of the Sociedade, besides three other members from alienating, selling, leasing, transferring the properties of the Society.
The order passed by Civil Judge, Puja U S Sardesai, has further restrained the defendants, Sociedade President Moducora Desai and members Joel Noronha, Rodolfo Noronha and Shankar Pandhari Desai from operating the bank accounts or any transactions of the society till the final disposal of the suit.
The civil court's temporary injunction comes in the wake of a suit filed by a group of Sociedade members comprising Shaba Rama Desai, Tony Rebello, Manoj Sapre and Victor Noronha stating that the defendants have been functioning inspite of the fact that their tenure had ended on May 31, 2014, and have leasing out properties belonging to the Society.
Judge Sardesai observed that the defendants have failed to show any resolution to lease out property to their relatives. "On perusal of the bye-laws of the Deed of Society (Civil), it is evident that nowhere it mentions that the Sociedade has the power to lease out the properties," the Judge observed.
"It is observed that the defendants are continuing even after the expiry of their tenure on May 31, 2014. They have not taken any steps to hold elections. That point would be taken care of at the time of deciding of the main suit. At this stage, this court is only required to see whether the acts of the defendants are contrary to that what is provided in the Deed of the Society. Further, it is seen that the defendants have leased out the properties to their relatives for a meager sum," the Judge noted.
Saying that the plaintiffs have prima facie established that the defendants are continuing inspite of the expiration of their tenure, the Judge further said it is also established that the defendants are leasing out properties without authority.
"I find that that the material on record prima facie establishes the defendants have acted beyond their tenure without authority. It is clear that if the plaintiffs are not protected by an order of this court," the Judge said.
In a development that may have bearing on the functioning of the Cuncolim-based Sociedade Agricola dos Gaocares de Cuncolim e Veroda, a Margao Civil Court has restrained the President (manager) of the Sociedade, besides three other members from alienating, selling, leasing, transferring the properties of the Society.
The order passed by Civil Judge, Puja U S Sardesai, has further restrained the defendants, Sociedade President Moducora Desai and members Joel Noronha, Rodolfo Noronha and Shankar Pandhari Desai from operating the bank accounts or any transactions of the society till the final disposal of the suit.
The civil court's temporary injunction comes in the wake of a suit filed by a group of Sociedade members comprising Shaba Rama Desai, Tony Rebello, Manoj Sapre and Victor Noronha stating that the defendants have been functioning inspite of the fact that their tenure had ended on May 31, 2014, and have leasing out properties belonging to the Society.
Judge Sardesai observed that the defendants have failed to show any resolution to lease out property to their relatives. "On perusal of the bye-laws of the Deed of Society (Civil), it is evident that nowhere it mentions that the Sociedade has the power to lease out the properties," the Judge observed.
"It is observed that the defendants are continuing even after the expiry of their tenure on May 31, 2014. They have not taken any steps to hold elections. That point would be taken care of at the time of deciding of the main suit. At this stage, this court is only required to see whether the acts of the defendants are contrary to that what is provided in the Deed of the Society. Further, it is seen that the defendants have leased out the properties to their relatives for a meager sum," the Judge noted.
Saying that the plaintiffs have prima facie established that the defendants are continuing inspite of the expiration of their tenure, the Judge further said it is also established that the defendants are leasing out properties without authority.
"I find that that the material on record prima facie establishes the defendants have acted beyond their tenure without authority. It is clear that if the plaintiffs are not protected by an order of this court," the Judge said.
