RAJESH GUPTA Vs. JANAK PURI CLUB REGISTERED

JUDGEMENT

(1.) This appeal is directed against the order dated 08.5.2007 passed by the learned Single Judge in IA No.2544/2007, whereby the interim application filed by the appellant herein was disposed of with certain directions. It is observed in the said order that election of the Managing Committee of the respondent-club has already been held and the contention that the appellant and some other Members have been wrongfully excluded and denied voting rights in the aforesaid election on the ground that they have not paid the full membership fee can be examined at the trial of the Suit.

(2.) On going through the records and upon hearing learned counsel for the parties, we find that there is a dispute about membership fee payable by the appellants. This aspect will have to be considered indepth during the course of trial by leading appropriate evidence. There are claims and counter claims, which are required to be adjudicated through the process of trial and after evidence have been properly led by the parties. In any case, elections have been held and new management committee has taken over. It is admitted that there are more than 2000 persons who are members of the Club, while about 31 persons were denied voting rights on the ground that they have not paid membership fee.

(3.) Learned counsel for the appellant has alleged that the funds of the club are not being properly utilized and that contract for construction is being awarded after inviting tenders at exorbitant rates. These are matters which are required to be agitated before the learned Single Judge. If and when, any such application with particulars and factual details is filed, the learned Single Judge can issue necessary directions. We feel that the activities and functioning of the club cannot be stopped. Learned Single Judge has issued directions that the Management of the club would maintain regular accounts of the expenses incurred in construction of the building and proper audits will be carried out.