J KRISHNA MOORTHY Vs. BANGALORE TURF CLUB

JUDGEMENT

(1.) These two appeals are preferred against the common order whereby the First Additional Civil Judge, Bangalore City granted temporary injunction against the Directors of the Bangalore Turf Club Ltd.

(2.) Appellant in M.F.A. No. 500 of 1974 is the plaintiff in the court below. He is one among the 300 members of the Bangalore Turf Club Ltd, which is a public limited company incorporated under the Companies Act, 1956, to carry on the business of the Bangalore Race Club and other activities connected with the running of horse races. The business and management of the Company is vested in the committee consisting of 9 elected members and 4 nominated by the State Government.

(3.) During the races held on 8th December 1973, there was too much commotion and unruly behaviour from these who came to witness the races. The police who were on the scene, did not effectively act to maintain law and carder, with the result that the races had to be cancelled, much against the will of the members of the committee. The elected members were very much annoyed by the inaction of the police, and they passed a resolution on 8th December 1973, the effect of which was the subject matter of the suit instituted by the plaintiff.