VIJAY CHHIBBER Vs. DELHI GYMKHANA CLUB LTD

JUDGEMENT

(1.) The five plaintiffs, namely Vijay Chhibber, Anupam Dev, Col. Sudhir Manchanda, Amitabh Mathur and S.R. Wadhwa, have instituted this suit for (i) declaration that the Show Cause Notices dated 6th October, 2018 issued by the defendant to the five plaintiffs are unenforceable, illegal and void and not binding on the plaintiffs; and, (ii) permanent injunction restraining the defendant from taking any steps in furtherance of the show cause notices.

(2.) The suit came up first before this Court on 10th October, 2018 when while issuing summons/notice, vide ex parte ad interim order, the proceedings in terms of Show Cause Notices dated 6th October, 2018 were ordered to be kept in abeyance.

(3.) The defendant filed IA No.14868/2018 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) and which came up before this Court on 29th October, 2019 when the counsel for the defendant stated that the said application was filed only because the plaintiffs had not paid the requisite court fees but the counsel had subsequently learnt that the plaintiffs had since paid the court fees and was thus withdrawing the said application. Accordingly, the application was dismissed as withdrawn.