JALANDHAR M REDDY Vs. MADRAS BOAT CLUB

JUDGEMENT

(1.) THESE applications are filed by the Lawn Members and Rowing Members of the Madras Boat Club seeking an order of interim injunction restraining the respondent Club from conducting any General Body Meeting before registration of the respondent Club and also to appoint a Receiver to take charge of the affairs of the respondent Club and manage the same till the process of registration of the respondent is complete.

(2.) AS the aforesaid applications are connected with each other, all these applications are taken up for common disposal.

(3.) THE applicants/plaintiffs would contend that the respondent/defendant Madras Boat Club was established in the year 1867 with an object to promote and encourage the sport of Rowing. Apart from encouraging the sport of Rowing the Club is involved in other activities such as social, cultural, entertainment, recreation, etc. Taking advantage of the fact that the respondent Club was not registered and therefore, it is not accountable to any statutory authority, there is a total mismanagement and misappropriation of funds by some office bearers in the recent past. The Enquiry Committee was appointed. It submitted a report that the former Captain who headed the club misused his position. The Committee, in fact, suggested that the amount should be recovered from him. On 26. 3. 1999, a resolution was passed in the extra-ordinary general body meeting of the respondent Club to register the Club under the Societies Registration Act instead of the Companies Act. The respondent Club notified an Extra-ordinary General Body Meeting on 14. 8. 2007 and it was adjourned to 11. 3. 2008 due to some untoward incident. Seven past Presidents have now taken over the Managing Committee. The Lawn Members were discriminated by the act of the Managing Committee. The Managing Committee has not so far implemented the resolution to register the Club. The funds of the respondent Club are being wasted and several crores of rupees are allowed to be spent on building without any sanctioned plan. Hence, the relief as sought for.