SALMAN KHURSHID Vs. DELHI PUBLIC SCHOOL

JUDGEMENT

(1.) Vide the present suit, the plaintiff has sought the quashing of the letter/notice dated 17.09.2015 bearing No. DPSS: 2015-16:1489 issued by the defendants exercising powers under/Rule II(7) of Memorandum of Association (MoA) of defendant no.1, on the grounds of it being illegal, null and void and a decree of permanent injunction against the defendants restraining them from interfering with his life membership with defendant No.1 and has also claimed damages. The plaintiff has also challenged Rule II(7) of MoA of defendant no. 1/Society as invalid and non est in view of the judgment of this Court in Sarabjit Singh and Ors. vs. All India Fine Arts and Crafts Society and Ors. (1989) ILR 2 Delhi 585;

(2.) Along with the suit, the plaintiff has filed an application under order 39 Rules 1 and 2 of Civil Procedure Code (hereinafter referred to as CPC) seeking interim injunction against his expulsion from the membership of defendant no. 1/ Society pursuant to notice dated 17.09.2015.

(3.) Defendant No.1 is the registered non-profit Society and defendant No.2 is the Chairman of defendant No.1. Defendant No.1 has set up several schools of its own and franchises across the country and abroad. The objective of defendant No.1 is laid down in its MoA. The plaintiff is the life member of defendant No.1/Society and claims that his association with defendant No.1 is almost 50 years old. It is contended that the plaintiff had studied and had been a Head Body and cricket captain of Delhi Public School, Mathura Road and thus contributed in rich legacy of defendant- society.