KALYAN KUMAR DUTTA GUPTA Vs. B M VERMA

JUDGEMENT

(1.) The appeal arises out of an order passed by the Learned single Judge refusing to pass interim order of injunction restraining respondent Nos. 5, 6 and 7 and/ or their servants and agents from proceeding with the proposed Domestic Enquiry set up by the Club on 29/02/1992 and/or proceeding for expulsion of the plaintiff/ appellant from the Club; alternatively injunction restraining defendants/respondents and/or their servants and agents from proceeding with expulsion of the plaintiff/ appellant from the club till the pending Criminal Case being No. 794 of 1991 between State v. Kalyan Kumar Dutta Gupta was finally disposed of.

(2.) The plaintiff/ appellant has impugned the legality and / or validity of the formation of the "Committee" Comprising the defendant/respondents Nos. 5, 6 and 7 as being wrongful, illegal, and ultra-vires the Rules of R.C.T.C. and thus void, ab initio and nullity and praying for an injunction restraining the defendant, their servants, agents and/ or assigns from proceeding with the meeting for expulsion of the plaintiff, injunction restraining respondents Nos. 5, 6 and 7 and / or their servants and agents from proceeding with the domestic enquiry during the pending of the said Criminal Case being Nos. 794 of 1991 and till it is finally resolved and / or disposed of by the Court and for other reliefs.

(3.) The facts, inter alia, leading to this appeal and the application which are necessary for the purpose of determination of the real question involved are set out hereinafter :