BOWRING INSTITUTE Vs. SARWIK S.

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the order dtd. 22/11/2024 passed on I.A.No.1 in O.S.No.8292/2024 by the 41st Additional City Civil and Sessions Judge, Bengaluru granting the temporary injunction restraining the appellant from passing any orders based on the resolution dtd. 25/10/2024 in respect of removal of the plaintiff from the membership of defendant No.1 till the next date of hearing.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff/respondent No.1 before the Trial Court is that the plaintiff is the permanent life member of the defendants Bowring Institute and the plaintiff visited the defendant Bowring Institute on 18/7/2024 along with his friend as a Guest to enjoy the privileges of defendant Institute and he being the permanent member of the defendant Institute used the swimming pool at about 11.45 p.m. by inadvertently and without knowledge of the plaintiff that he should not use the swimming pool at late night. The security guard and other members of the defendant's Institute scolded the plaintiff saying that the plaintiff should not use the swimming pool during restricted hours. Immediately, the plaintiff orally tendered his apology to the security guard and other members who were present at the spot stating that he will not repeat such incident in future. But the defendants, intentionally, on 19/7/2024 obtained the complaint from the security guard on the very next day of the incident inspite of tendering the plaintiff's apology and issued show cause notice on 20/7/2024 and after the receipt of show cause notice, the plaintiff appeared before the disciplinary committee and tendered his apology letter to the Secretary of the defendants institute. In spite of tendering apology, on 5/10/2024 recommending the plaintiff to be removed from his membership on the ground that he has violated the terms and conditions of the defendant institute. On 7/10/2024, the defendants institute passed an order of removal of the plaintiff from his membership and the same shall not take effect unless same is confirmed in the General Body Meeting. The said resolution was passed having grudge against the plaintiff. The defendants in order to remove the plaintiff from its permanent membership, called the General Body Meeting to be held on 29/11/2024. Having no other alternative remedy except to file the suit for the relief of declaration and hence, the plaintiff has filed the suit and also filed an application to stop the Special General Body meeting to be held on 29/11/2024. The trial court having considered the application, granted temporary injunction against the appellant herein. Being aggrieved by the order of the Trial Court, the present MFA is filed before this Court.