IN THE HIGH COURT OF KARNATAKA AT Bg;%\l1;5;}S§l;--§ii>;i'El« _
DATED THIS THE 1" DAY OF :uNE;5.:_2:0:j;l.: H
BEFORE
THE HON'BLE MR. JUSTICE A.l§l'..vE'l\;LJGo§>g_E'Av eeli%'eA"~les
Miscellaneous First Aooeallxlo. 1é3€)6_VO'%.'-7
Miscellaneous .Civ1l l.\lo.§54C}1/201'1
In MFA No.1606/2011
BETWEEN: '
Sri M Amanfiharsld _.7laEn',. ' _
Aged about (32 3?ea.rs,"'--{jj--._" V. n
S/0 late Sztl M-oilgllyal 3ai'n{"-- ~ __
Prop;l"M'aha\'keer ;?~;i'l'l./ Cehtre,
Shop No_.790;"Q2._,_ "l=='lohar"1Buillfjings,
c:hick'pet,.. '
Bangalore 560053. . ' ,..Appellant
(§3';;§"S:'e§.'B N J'a.3}eidevEl, Adv,,)
X _ Club,
N_o'.:, Sesliaéiri Road,
Be---nga'lore""-- 560001.
By its President,
,2. The Secretary;
"The Centu ry Club,
§N<::.1, Seshadri Road,
" Bangalore ~ 560081.
3. The President;
The Century Club;
2
No.1; Seshadri Read,
Bangaiore - 560001. ,.
(By em; 5 Venkat Subbarao, Adwfor C/.e'1»v-2) J d
This MFA is filed under d':der_"4..i§ k'u,:ee.%id{.%j"%;:s_e<!.I\/*'Ad»di»...,(;ir.ry Civ-ifg
and Sessions Judge, Ba'r':vegVé'-Edore {*fZ_C'r+--.4I.:5):;.: rejecting
I.A.No.2 fiied under order 39___{d{.e_1.._end for TSIQ
In Misc.CvI No.84O1/2-0;_1_A
BETWEEN:
1. Century Clutz _ 1
No.1, Sesh_ai:iri Roaci, 1 ' _
Bangalore - S6Q'G'O31.e ff
Rep. by its»Ho-n1;;Seca'etafy. '-
2. HCgn.SeCret'aVry_»,"'Ve "
Century Club, V'
No.1, Se.shadri"Ro"ad,.. '
Bangalore? S'60_OD1;~._ ..,AppIif2; Mohan Building,
d nCh.ick;j'et,
.VB_a%2_ga%ore ~ 5630536 ,..Opg::onent
' %{By Sri.G S Venkat Subbarae, Adv. for C/R1=~2)
This §'~'%ése.Cv% is flied under erder 3§ ruie 4 read with
Section 151 at' the CPC praying to vacate the ad-«interim
erder of temporary injunction granted by this Hewbfe
Court in the above appeal in lViisc.Cvl.3834,{200'l--tiébyvits
order dated 18.2,20:l_1, in the interest q£:'__;"u'sr'i;::.ej'
equity.
This MFA and MEs<:.Cvi cohfiing"t:»n_for o«rdVe;Cvg day, 01'
the Court delivered the following';
JuoQmEnt
With the consreot Ctcaunseii on both
sides; matter is heardfilflo-or
2. of 15'
respondenlt/Ce'nt'u':ry.: received a notice
seeking details with regard
to Before the appellant could
sulqnjit V'Ct'he_" detaAll--s»""~*l?n\}ith regard to his educational
q't;'alif£..catiii_on in'"-response to the said notice, having
nomination form on 24.6.2010! the
.'a_.opeiivantrts_rtnembership in the Club was suspended on
8i10,2f:10 for a period of 3 months and a communication
said effect was sent on 9.10.2010. It was stated
'Etherein that the appellant will not be permitted to use the
Ciuh not being eligible for any ser'\rices;'faciEities. The said
decision was taken by the Committee of the 13" resoondent
8 ,
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W.
in its meeting held on 8,18;2§1®t resoit:'tio'n was
to constitute a Committee past to go into
the whoie matter j(.)v_l'f"'referenAcevVand names
of 3 persons were applrlo-xted'for?'cQns't.itdt_§';ég the Committee
and the the named
persons any 2 of them and
consti'tit;irteiiti'j3e CVi:{';.;n1m'i~tte-e. Ti"ie~ terms of reference reads as
folio'-4/s:._ - " "
"'Qo'mm'it.t.ee:.'A'to'"-he'i"requested to recommend what
.. t:iisei"pi..iVnar\h,v9' aetion needs to be taken, if any, against
'' i-."Mr;'Amarcha"n'd Jain in this connection."
~4"ho:id_ing of the said enquiry, the Executive
resolved and placed the appellant under
suspension with immediate effect for a period of 3 months
A. s.inde'r*Rtiie 19.
3. The appeiiant filed 0.857487/2010 against the
respondents in the City Civii Court; Bangalore and sought
to: passing of a judgment and decree; decéaring the
resoiution of the Executive Committee of the Club
E
5
communicated vide letter dated 24.6.2010 a.s__’i’Eihe:ga’§;. and
contrary to the Rules and l3y’e–iaws of the-._::Cl»u”i3.VVland-httohy’
restrain the 15′ defendant Ciub’;l’;rorri« .in–ter.f’e.ring_Vyxiith his 7
enjoyment of the facilities léoftthe
consequential reliefs. The-vs.:d’–efendants’ “entered
appearance through”.t:’ljieir.=li’ea*iivtrit;;i””‘rig:ounhsel” filed written
statement and the suit, the
appellant of temporary
injunction” objected to by the
an order dated 7.12.2010
dismi”sse’d.’_ the ,–~’T.he said order was questioned
by the a”p.pe’llani>. din Vlviii-2A 10681/2010. The appeal was
i..The phrayery in I.A.1 filed in the suit was granted,
defendant Club was restrained from interfering
.’w_i’t’h tvhe’V’r:”api::peilant’s right to enjoy the benefits of his
mernbhhership with the Club. The said order having not
Chailenged; the appeiiant has been enjoying the
‘services/facilities of the Club as its member.
3.
s
,5
are :
6
4. Appellant/plaintiff filed I,A.2 to rest’r’a_i_’é*:.V{:’he:.Cltib
and its office bearers from giving effect
dated 8.10.2010 and not to hoidalny’eénduim/Ala”s«_sch’eddied F ‘i
on 28.10.2010. The apppiication i:r;az\/inglibieern’~oxp:.pesVed,
common order was passed”‘§§:6~.,,I.As.Vh1′—and.2;
by the Trial Court,Vi”v.gVherewb§k’ a’p’p’i’i<:ations were
rejected. As already4'ob.s'er\z'e§d;:V passed on I.A.1
was questi ' by M FA 1 0681/2010,
which was This appeal is directed
ag a in steamer ':43 rd erg passed 0 n
the counsel on both sides and
p»e_ru"sed the"'i'e_coVrd.
to be observed that; suspension of
.’rrfi’embe.rsrh.V;p:; of the appellant from the Club was for a
peried”:.of 90 days. The resolution to suspend the
.rfneAmbership was passed on 810.2010 and was
‘Ecomrnunicated on 9.102010. The period for which the
suspension was ordered has expired. Even etherwise, in
view of the jedgment dated 5.1.2Clig1 passed in MFA
aw
10681/2010, the appeiiant continues
services/facilities of the 15’: respondent
7. The principai grie\zartce::”‘ef:r’ the-.’a’pbei:i’sa.nt::;_’in
Q!SIH7487/f2-O10 pending orrthg riiéaor’ the *C’i’t3{.’CiVyVii ..’tco:m:.,’:»
Bangalore is that; he was “show cause
notice by the Ciubboriiori membership in
suspension andthat by subjecting to
disciplinary’ issuing a charge
memorandV2.J.n”.-.1’V.;_:s’v 3
said resolution of the dub, the
appe_i|ant”ha’s .been’-._is’er:Ved with a communication dated
‘ti’re”Ciub, wherein it was conciuded that,
V*issue”‘-v4,oi’.4″nsotig:e sailing for explanation may not be
.’n,e’eess_argr?–.V.and that the appeiiant is at liberty to place his
viewstefore the enquiry committee on aii the terms of
.VreHferenee as weii as any other reiated facts which the
‘Eabpeiiant deems fit. Indisputediy, charge sheet was issued
ts the appeiiant on 5.2.2311. In View of the subsequent
events which have taken piace, paigticuiariy the issue of
,4
y,
charge sheet dated 5.2.2011 to the appeiyiantVyiiaind”the
al3i3el!ant continuing to be a member of
to the judgment dated 5.i’.M2O’1:é_i\il’FA»T
10681/2010, the grievance of A:the:’*.§.ppeila’nt” in
pending before the Trial”‘-ifiourt fsuiryive for
consideration.
9. Sri .»BV.N.]eyad.eyaV’,V’~V__:iiea.rned:”.ifcounsei for the
appellant. a:pp_ie’i’l.aVnt””yvould submit a reply
to the within a period of 4
weelts 3 thereafter the Committee
constitutedii proceed with the enquiry, by
egdjending reasioinahile opportunity of hearing and by
principles of natural justice it can conduct the
._e’r_i_qu’i’i”y”‘_~i,n aiccordance with iaw. Learned counsel submits
that’,v–..’the'”:appellant is not very familiar with English
is l.a_ngua’de and he would find it difficult to defend himself in
Vthesenquiry proceedings and he wouid need the assistance
“of an advocate to defend his case in the enquiry;
V;
‘i
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10. Sri G,S.\/enkat Subbarao, learned cQunsVeif’et”the
respondents submits that the enquiry cornnfiittjeewvliuiiii
informed to extend reasonable;”c$lppott.u’nit\,;’ 4hea”ring”‘to 7
the appellant i.e., in tune with:”t_h1e,_principtesv of”
justice, conduct the enqu’i-it:i,:?V”‘–.andV. ‘i’EpO%””E:.V
Learned counsel submxippts t*hat”.lvthefiappellant cannot avail
any legal assistance chas_:’Va.lij}z””‘genuine difficulty,
he is at libei’t”§ct’i3 tal<Ved_f:VVfaVlVco–member of the
Club as d'efe_n'ce"'assi,staci'ice*… it
_O»'»_:the– subsequent events that have
taken Appliance, .« pending consideration in
C)',£_j3'.7487/2G'1.C)idoes not survive for consideration, which
iseanceded by Sri B.N.Jayadeva.
of the foregeing, the appeai stands disposed
of asfiiflews:
(i) O.S5″487/2010 pending on the file of the
44″ Additional City Civii 3udge, snail stand
disposed of as not surviving for
consideration; 1
{iii}
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‘ The ‘Z V Z’:’;’«I_.”!_fC’g’iJ’i:’l7.7)/
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The Ctimmittee <:onstituted__=thi'4,:A'\V*fh~ei
respondent is directed
time from today tax' the app-eilainteite_s.t;'btnitV"e
repiy to the memickrandiunw 6:'
5.2.2011. xfifhe "1-3%?'irespvqiizientzcrvub isf'
directed to me"iie ‘At<;V'the:§ appeliant
within ten days rn”‘eit§>day,'”the” copies of
records””–btas.e’de__en; v.’v”hs.ifc.hV:i’the charge sheet
dated .yg;e_s the appeiiant.
.wT’he- En_qu§r’;}.~’ C40n’7r_r’iiVtt_eVé to consider the
_ ..retg.ti;est«Q-f__V’t’he ‘é§_p’p:e!1ant to have a defence
‘ii-assistant in-A enfquiry i.e., a co-member
in mm.
committee to extend
” .VreVasdna’bVie.’i’ opportunity of hearing to the
“*a;:jpeliarit, conduct the enquiry and submit
themrieiport. Tili the fénaiisation of the
:.”e.nquiry proceedings and a finai decision in
gthe matter, the 19′ respondent/Ctub is
directed to ailow the appeiiant to continue
to avail the services/faciiities of the Ciub.
Neediess to observe that, if the decision
pursuant to the enquiry is against the
apeeiiant, he is at iiberty tg avaii iegaé remedy,
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//’.\»’
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Forward a copy of this order to the
closure of the suit pending before it.
M£sc.Cv£.8401/2011 d”<:)es1'_'" ~:5ot'a "'*sz;i';rhxxé§VV\/ivgge…It'%':S{f
consideration and stands di:{m'i—seed as suchf
NO COStS.
Ksj/-