DEEPAK MALHOTRA Vs. NATIONAL SPORTS CLUB OF INDIA

JUDGEMENT

(1.) THE Plaintiff seeks a decree of permanent injunction directing the Defendant No.1 to convene a meeting of members of Central Council at Mumbai; direct that elections for Office bearers and Executive Committee Members by the Central Council should be held under supervision of observer/supervisor to be appointed by the Court.

(2.) THE reliefs are set out in Para 25(c) and Para 25(d); they read as follows:

(3.) THE Plaintiffs further aver that another suit for declaration and injunction being CS (OS) No.1243/06 had been filed against the Club and its then Central Council members. It is alleged that the suit had to be filed due to the Club being the private domain of some members in violation of all its rules and regulations governing the management; the Club was run as an autocracy rather than on democratic principles. It is claimed that in the process of primary purpose of formation of the Society had become non-existent. The Plaintiffs refer to an order made by this Court on 25.4.2007 regarding arrangement for holding the elections for 2007-08. In terms of the arrangement the elections due were to be held in August, 2007 and Justice (Retd.) S.K. Aggarwal was appointed to supervise the elections, to ensure its smooth conduct. The Club also agreed that a similar arrangement would be followed for the years 2008 to 2010.