SURESH SINGH Vs. SHILLONG CLUB LTD

JUDGEMENT

(1.) Challenging the legality and propriety of order dated 12.5.2009 passed by the learned Asstt. District Judge, Shillong in Misc. Case No. 13 (H) of 2009 arising out of Title Suit No. 8 (H) of 2009, this civil revision under Article 227 of the Constitution has been preferred by the petitioners, who are permanent Members of the respondent-company.

(2.) The petitioners herein are the permanent Members of the respondent-company, namely, Shillong Club Ltd., a registered company incorporated under Section 25 of the Companies Act, 1956 (for short 'the Act'). The affairs of the company as aforesaid is vested in the Managing Committee consisting of seven members who are deemed to be the Directors of the said company within the meaning of Section 83 (a) of the Act. The legal relationship between the petitioners and the respondent-company is governed by the provisions of the Act and the articles and memorandum of Association of the respondent-company. The petitioners and other members of the respondent-company submitted a requisition dated 4.5.2009 for convening an Extra Ordinary General Meeting (for short EOGM) per provision of the Article 54 of the Articles of Association read with provision of the Act for discussion of the matters incorporated therein. When the said requisition was before the Executive Committee, the respondent-company instituted a Title Suit No. 8 (H) of 2009 in the court of Asstt. District Judge, Shillong praying for a decree for the reliefs as claimed therein along with an application under Order 39 Rule 1 and 2 of CPC for grant of ad-interim injunction against the petitioners. The learned Assistant District Judge, Shillong without issuing notice to the petitioners-opposite parties, vide impugned order granted ad-interim injunction restraining and preventing the petitioners from exercising their rights under Article 54 of the Articles of the Association of the respondent-company. The petitioners being aggrieved thereby have approached this court by the present petition under Article 227 of the constitution of India.

(3.) Heard Mr. H. S. Thangkhiew, learned counsel for the petitioners. And also heard Mr. S. Sen, learned counsel for the respondent-company at length.