S JAGTARAN SINGH ANAND Vs. CHELMSFORD CLUB LTD

JUDGEMENT

(1.) This common judgment will dispose of two suits. The plaintiffs in CS (OS) 1805/2010 are referred to as "the plaintiffs in the First suit" and the plaintiffs in CS (OS) 1861/2010 are referred to as "the plaintiffs in the Second suit". The defendant in both the proceedings is common, i.e. Chelmsford Club Ltd., (hereafter called "the Club").

(2.) The relevant claims in the first suit are for declaration that the nomination forms submitted by the plaintiffs in the suit are valid and that they were entitled to participate in the elections held on 15.09.2010. Consequent mandatory injunction and permanent injunction, directing the Club, not to reject the nomination forms and also restrain it and its office bearers etc. from holding the election on 15.09.2010 is sought. In the second suit, a declaration that a Circular of 04.09.2010, issued by the Club and a letter dispatched on that date, on 06.09.2010, rejecting the plaintiffs? nomination in the second suit as void, and a further declaration that the said plaintiffs are entitled to participate in the elections on 15.09.2010 with consequential mandatory and permanent injunction of the kind sought in the first suit are claimed.

(3.) The undisputed facts of both the cases, emerging from the pleadings, i.e. the plaint and the written statements are that the Club is registered as a Company in terms of Section 29 of the Companies Act (hereafter referred to as "the Act"). The plaintiffs in both the suits are members of the said Club, the affairs of which are to be managed by a Committee constituted under Article 42 of the Memorandum and Articles of Association ("the Memorandum"). The Committee is to comprise of 25 members whose election is to be conducted in accordance with Article 39.