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2015 Supreme(Cal) 749

HARISH TANDON
Royal Calcutta Golf Club – Appellant
Versus
Lalit Kumar Jhalaria – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anindya Kr. Mitra, Sr. Advocate, Mr. Siddhartha Mitra, Sr. Advocate, Mr. Soumya Roy Chowdhury, Mr. Deepan Ku. Sarkar and Mr. A. Deb, Advocates.
For the Opposite Party :Mr. Anirban Bose, Mr. Suvadeep Sen and Mr. D.N. Banerjee, Advocates.

JUDGMENT :

Harish Tandon, J.

The order no. 61 dated December 19, 2014 passed by the learned Civil Judge (Junior Division), First Court, Alipore in Title Suit No. 2132 of 2007 rejecting an application under Order 7, Rule 11 of the Code is assailed in this revisional application.

2. The plaintiffs/opposite parties filed the aforesaid title suit for declaration that the Annual General Meeting (AGM) held on 31st August, 2007 be declared, illegal, void and not binding being in violation of Article of association of the club. The following reliefs are claimed in the plaint:

"The plaintiff, therefore, prays for a decree against the defendant Club:

(a) for a declaration that the aforesaid Annual General Meeting held on 31.08.2007 and the decisions taken therein are illegal, invalid and void;

(b) for a declaration that the Extraordinary General Meeting proposed to be held on 28.12.2007 is illegal, invalid and void;

(c) for permanent injunction restraining the defendant Club from alienating any land in its possession for establishing a Hotel."

3. The fact emerged from the plaint are adumbrated herein below:

(a) The defendant/petitioner is a Company and registered with the Companies Act, 1956 having 3


















































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