INDU VIRJIBHAI MODIQ Vs. SUDHIR M MODI

JUDGEMENT

(1.) PRESENT appeal is filed by the original plaintiff seeking to impugn an order passed by the learned Single Judge (Coram : P.S. Patankar, J.) on 23rd of February, 1998 dismissing the plaintiff's Notice of Motion No.3052 of 1994 in Suit No. 2413 of 1991.

(2.) BY the Notice of Motion the plaintiff had sought for a relief of interim injunction restraining the defendants, who are members of the Managing Committee of the B.C.A. Garware Club House, from giving effect to the Resolution dated 30.7.1994 suspending plaintiff of Club's membership and the Resolution dated 25.10.1995 expelling him as a member of the Club. However, at the hearing of the Motion the only prayer which was pressed was that the plaintiff should be permitted to use the facilities of Garware Club House as its Club Member.

(3.) AS far as the order of expulsion is concerned, the same has been passed under Rule 26 of the Memorandum of Association & Rules of the B.C.A. Garware Club House. The relevant Rule, in so far as is relevant to the present enquiry provides, as under:-