Back
High Court Of Calcutta
M. H. S. ANSARI, ARUN KUMAR MITRA
MOHUN BAGAN ATHLETIC CLUB - Appellant
Versus
DEBA PRASAD MUKHERJEE - Respondent
F. M. A. T. 1603 Of 1998
Decided On : 05/23/2003
CLUB MANAGEMENT - INJUNCTION - JURISDICTION - MANDATORY INJUNCTION - CLUB RULES - VIOLATION - INTERNAL ADMINISTRATION - CIVIL COURT INTERFERENCE - STATUS QUO ANTE - SPONSORSHIP AGREEMENT - COURT'S DISCRETION - SUBSEQUENT EVENTS - RELIEF MODIFICATION - SPECIAL OFFICERS' COMMITTEE APPOINTMENT - HONORARIUM - COMPANY'S SPONSORSHIP ROLE - EXISTING EXECUTIVE COMMITTEE'S CONTINUANCE - NO COSTS ORDER.
Fact of the Case:
Mohun Bagan Athletic Club, an unregistered club with a large membership and a renowned football team, faced internal disputes and irregularities in its management. The Executive Committee's term had expired, and no elections were held for three years. The defendants, claiming to be office bearers, continued club activities without authority. A Special General Meeting notice was published to discuss rule amendments and introduce photo identity cards for elections. The plaintiffs, club members, filed a suit and an injunction application, alleging rule violations, irregularities, and mala fide intentions.
Finding of the Court:
The trial court granted an injunction restraining the defendants from acting further in pursuance of the Special General Meeting resolution and maintaining status quo ante as on the date of the impugned notice. The defendants appealed, challenging the trial court's jurisdiction, the mandatory nature of the injunction, and the lack of hearing for affected parties like Mc. Dowell and Co. Ltd., which had entered into a sponsorship agreement with the club.
Issues: 1. Whether the Civil Court has jurisdiction to interfere in the internal administration of an unregistered club. 2. Whether the trial court can grant a mandatory injunction directing status quo ante. 3. Whether the trial court erred in passing an injunction without hearing affected parties like Mc. Dowell and Co. Ltd.
Ratio Decidendi: 1. The Civil Court has jurisdiction to interfere in the internal administration of an unregistered club when there is a violation of the principles of natural justice or when the club's office bearers act without jurisdiction or in violation of the club's rules. 2. The trial court has the power to grant a mandatory injunction under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure to prevent injustice and protect the rights of the plaintiffs. 3. The trial court should have heard the affected parties, including Mc. Dowell and Co. Ltd., before passing the mandatory injunction, as their rights could be directly affected by the order.
Final Decision: The appellate court set aside the trial court's injunction order and remanded the matter for a fresh hearing. It also appointed a Committee of Special Officers to manage the affairs of the football team, subject to certain conditions. The court clarified that the company, United Mohun Bagan Football Team Private Limited, would act only as a sponsor upon terms approved by the Committee of Special Officers. The existing Executive Committee would continue to manage the club's other affairs, subject to the Committee of Special Officers' directions regarding the football team and related assets.
( 1 ) THIS appeal has been preferred by the defendants challenging the order being order No. 18 dated 8-5-1998 passed by the learned Judge, XII Bench, City Civil Court at Calcutta in Title Suit No. 135/1998.
( 2 ) THE impugned order has been passed by the learned Judge on an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The said application for injunction was filed before the learned trial Judge on 23-1-1998.
( 3 ) THE plaintiffs/respondents filed T. S. No. 135/98 and in the said T. S. the following prayers were made : (A) Leave under Order 1 Rule 8 CPC. (b) Decree for declaration that the Executive Committee including its office bearers are functus officio and the said executive Committee has no authority to amend rules and to hold election of the said club. (c) A decree for declaration that the defendant No. 4 has right to continue in the office of the defendant No. 1 as Hony. General Secretary thereof. (d) For a decree for declaration that the notice dated 7-1-1998 issued by the defendant No. 4 convening a Special General Meeting on 28-1-1998 is void, illegal and will have no effect in the eye of law. (e) For permanent injunction restraining the defendants from holding any meeting scheduled to be held on 28-1-1998 as per publication made in the Ananda Bazar Patrika on 9-1-1998 and from acting any further in pursuance of the alleged notice dated 7-1-1998 or any notices and/or to do anything prejudicial to the interests of the members of the said club including the plaintiffs. (f) Temporary injunction in terms of prayer (e) above. (g) Ad-interim injunction. (h) To appoint a Receiver to take charge of the administration of the club in place and instead of the defendants during the pendency of the suit and for till election of the Executive Committee. (i) Leave to be granted under Order 1, Rule 8 of the C. P. Code for issuing notice in respect of the institution of the suit to all members of the Mohun Bagan Athletic Club (defendant No. 1 ). (j) Costs of the suit. (k) Any other relief or reliefs as the plaintiff may (sic) deem fit and proper.
( 4 ) IN context of the above suit an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was filed by the plaintiffs. In this application for injunction the plaintiffs made the following prayers : (A) For an order of temporary injunction restraining the defendants from holding any meeting scheduled to be held on 28-1-1998 as per publication made in the Ananda Bazar Patrika on 9-1-1998 and from acting any further in pursuance of the alleged notice dated 7-1-1998 or any other notices and/or to do anything prejudicial to the interests of the members of the said club including the plaintiffs. (B) Ad-interim order of injunction in terms of prayer above. (C) For such other and further order or orders as your Honour may deem fit and proper.
( 5 ) IN the application for injunction the plaintiffs/petitioners founded their case on the pleas which are, inter alia, as follows :the defendant No. 1 Mohun Bagan Athletic Club (hereinafter REFERRED TO as the said Club) is a reputed Club of India having about 8000 members and innumerable supporters. The said Club is an unregistered club. It has its own Rules and Regulations for the internal management of the affairs of the said Club. The plaintiffs are the members of the said Club and the plaintiffs have instituted the suit in representative capacity and have prayed for leave for the same. The defendants were elected members of the Executive Committee in the election held in 1988-89 and their term having expired with the expiry of three years, there is at present no Executive Committee of the said Club. The defendant No. 2 Sri Swapan Bose was a member of the Executive Committee in the election held in 1988-89 and he is at present holding his post allegedly as President of the Club. The defendant No. 4 (Sri Anjan Kr. Mitra) is claiming t
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
