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2017 Supreme(Bom) 668

M.S.SONAK
Rajesh Chunilal Meghani – Appellant
Versus
Andheri Recreation Club – Respondent


Advocates Appeared:
For the Appellant : Mr. Priyadarshan V. Shah
For the Respondent: Mr. Ram S. Apte, Senior Counsel a/w. Mr. Rajkumar S. Mishra i/b, Mr. R.K. Mishra & Co, Mr. Dilip H. Shukla

JUDGMENT :

1. Heard learned counsel for the parties.

2. The challenge in this appeal is to the impugned orders dated 30 January 2016 and 26 February 2016 made by the City Civil Court at Bombay rejecting the plaint in appellant's Suit No. 3602 of 2015 under Order 7 Rule 11 (d) of Code of Civil Procedure, 1908 (CPC).

3. The appellant is the original plaintiff and the respondents are the original defendants in Suit No. 3602 of 2015. The cause of action as pleaded in the suit is suspension or attempted suspension of the appellant from the membership of respondent No.1 Club, which is admittedly a public trust registered under the Maharashtra Public Trusts Act, 1950 (MPT Act).

4. By the impugned orders, learned Trial Judge has accepted the case of the respondents that the reliefs applied for by the appellant stand covered under the provisions of Section 50 of the MPT Act and therefore, the suit as instituted, without prior written consent of the Charity Commissioner was not maintainable. Learned Trial Judge, in the impugned orders, has basically relied upon the provisions contained in sections 50, 51 and 80 of the MPT Act to hold that the Civil Court lacks jurisdiction to entertain a suit of


































































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