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2006 Supreme(Bom) 1004

A.M.KHANWILKAR
Garware Club House – Appellant
Versus
Jagdish Maneklal Mehta and Dharamsi Morarji Chemicals – Respondent


JUDGMENT : - Heard counsel for the parties. Admit. Counsel for the Respondents in the respective appeals waive service. Matter is heard finally in terms of order dated March 21, 2006. All parties have agreed for final disposal of the appeals in view of the urgency.

Perused the pleadings and relevant documents on record.

2. These appeals can be disposed of by a common Judgment as the same are directed against the common Judgment passed by the Trial Court on the two separate Notice of Motions filed by the respondents/plaintiffs in the same suit. These appeals are directed against the Judgment and order passed by the City Civil Court, Mumbai dated February 22, 2006 on Notice of Motion No.4439 of 2005 and Notice of Motion No.152 of 2006. Both the motions are filed by the respondents/ plaintiffs in S.C. Suit No.5154 of 2005.

3. Briefly stated, it is the case of the Plaintiffs that the plaintiff No.1 was admitted as Founder Member of the Appellant No.1/defendant No.1 club on the recommendation of defendant No.3 club. Defendant No.3 club is a member of Defendant No.4 Association. As per Article 5(h) of the Articles of Association of Defendant No.1 Club, the Member Clubs were entitled to r


















































































































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