SUNIL DANG Vs. INDIAN NEWSPAPER SOCIETY

JUDGEMENT

(1.) IA no. 10757/2008 of the plaintiff u/o. 39 rule 1 and 2 CPC owing to the urgent nature of the relief claimed, short notice was issued to the defendant.

(2.) THE defendant is a company within the meaning of section 25 of companies Act. The plaintiff claims to hold two membership of the defendant company. The plaintiff has instituted this suit for permanent and mandatory injunction inter-alia on the ground that the defendant has treated both the membership of the plaintiff to have ceased on the ground of the plaintiff having not paid his subscription; that the elections of the defendant have been announced to be held on 19. 9. 2008 and nomination of the election has to be filed at least seven days prior to the election; that the plaintiff in accordance with the Articles of association of the defendant had tendered the subscription fee along with an additional Rs. 500/- required to be paid, but the defendant has not restored the membership of the plaintiff and has on the contrary referred the matter to Sub-Committee, intentionally with a view to debar the plaintiff, who has in the past been contesting the elections to the committee of the defendant, from doing so. The plaintiff has in the suit claimed the relief of restraining the defendant from ceasing the plaintiff"s membership besides claiming damages of Rs. 21,00,000/ -. Alongwith plaint, the application for interim relief has been filed claiming the relief of restoring the plaintiff"s membership of the defendant society and during the pendency of the suit.

(3.) ARTICLE 8 of the Articles of Association of defendant is as under :