LAWS(BOM)-2013-7-117

JAISINGH CHORARIA Vs. NATIONAL SPORTS CLUB OF INDIA

Decided On July 31, 2013
Jaisingh Choraria Appellant
V/S
NATIONAL SPORTS CLUB OF INDIA Respondents

JUDGEMENT

(1.) THE Plaintiff, Shri Jaisingh Choraria, has filed the above Suit against the Defendant ­ The National Sports Club of India, challenging his expulsion as a Member of the Defendant Club, on the grounds that such expulsion is illegal, malafide, in bad faith and without allowing the Plaintiff adequate representation to defend himself.

(2.) THE facts in the case are as follows:

(3.) IN October 2007, seven new members were elected to the Central Council of the Defendant Club, being part of a group called 'Action Group', which openly challenged the actions and conduct of Shri B.C. Chawla and other office bearers of the Defendant Club. Four out of the seven new members became office bearers of the Defendant Club along with Shri B.C. Chawla, having a tenure of 18 months. One of the said four Members was Shri Atul Maru, who is the signatory to the Show Cause Notice (SCN) issued to the Plaintiff, as also the letter of expulsion issued to the Plaintiff. Despite their election, the Defendant Club or the said Officebearers from the Action Group did not initiate any action against Shri B.C. Chawla and others qua the allegations made against Shri B.C. Chawla and others by the Plaintiff, and continued to reimburse the expenses incurred by them in defending themselves against the criminal case, though, according to the Plaintiff, the new Members had openly challenged Shri B.C. Chawla with respect to the alleged frauds committed by him and Dr. Shyam T. Nichani (the present President of the Defendant Club, hereinafter referred to as "Dr. Nichani") and had also instituted a suit in this Court against Shri B.C. Chawla and others in relation to the construction of a Stadium by the Defendant Club.