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2010 Supreme(Kar) 621

V.JAGANNATHAN
Bangalore Golf Club, A Society Registered under the Karnataka Societies Registration Act – Appellant
Versus
M. R. Doraiswamy Iyengar – Respondent


Advocates appeared:
For the Appellant :Ananth Mandgi, Sr. Advocate for V. Sanjay Krishna, Advocate. For the Respondent:Ravi B. Naik, Sr. Advocate for M/s. Ravi B. Naik, Associates, Advocates.

JUDGMENT :-

(This MFA is filed u/o 43 Rule 1 (r) of CPC, against the order dated 20.04.2010 passed on I.A.No.1 in O.S.No.2051/2010 on the file of the Vth Additional City Civil Judge, Bangalore (CCH-13) allowing I.A.No.1 filed u/o 39 Rules 1 and 2 R/W Sec.151 of CPC for ad-interim order of stay.)

In this appeal, Bangalore Gold Club calls in question the justification of the trial Court staying the, order of suspension pending enquiry, issued by the appellant-club.

2. Briefly stated, respondent-plaintiff being a member of appellant-club, was issued with a show-cause notice dated 23.2.2010 in which it was stated that the membership of the respondent had stood suspended with immediate effect for a period of three months or till the committee takes appropriate decision with regard to charge of misconduct leveled against respondent-plaintiff in the show-cause notice issued on 15.12.2009 to him. This order of suspension formed the basis for the respondent’s suit for declaration, that the said order of suspension is ultra vires, illegal, and unenforceable and show cause notice issued to him on 15.12.2009 was also null and void and for other releifs. I.A.No.1 was filled during the pendency o



























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