RAVI KIRAN AGGARWAL Vs. MATADIN KEJRIWAL

JUDGEMENT

(1.) In this appeal from order, the appellant original plaintiff is taking exception to the order passed by the Judge, City Civil Court, Greater Bombay on 23 rd November 2010 rejecting Notice of Motion No. 2363/2010 in Suit No.1783/2010 presented by the plaintiff. The plaintiff prayed for grant of order of injunction staying the effect and implementation of the resolution dated 2 nd August 2010 passed by the Managing Committee of defendant No.6 expelling the plaintiff from the membership of defendant No.6. The plaintiff also claimed an order of injunction restraining defendant Nos.1 to 3, defendant No.6 and its managing committee i.e. defendant Nos.4, 5 and 7 to 21 or any other members or their representative, servants, agents, assigns and successors in office from interfering in any manner directly or indirectly with the plaintiff's membership of defendant No.6 Club as well as plaintiff's entry, exit and access to the premises and facilities of defendant No.6 except in accordance with law.

(2.) The defendant No.6 is an unregistered club and the plaintiff claims to be a life member of the said club. As a result of decision of the enquiry committee, the plaintiff was suspended from membership of defendant No.6 club and, ultimately, he has been expelled from the membership of the club by its managing committee vide resolution dated 2 nd August 2010. The plaintiff has claimed declaratory relief as regards action of expulsion from membership. The prayers contained in the plaint are as quoted below:

(3.) The trial Court has turned down the notice of motion presented by the plaintiff seeking interim injunction restraining defendants from interfering with his entitlement to act as a member of the club. The trial court has observed that there are many contentious issues involved in the suit and unless those are gone into, at the interlocutory stage, the relief as claimed by the plaintiff which is in the nature of final relief cannot be granted.