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2025 Supreme(Cal) 402

IN THE HIGH COURT AT CALCUTTA
ARINDAM MUKHERJEE
Smita Bajoria – Appellant
Versus
RCTC Association – Respondent


Advocates Appeared:
For the Appellants : Surajit Nath Mitra, Rajarshi Dutta, Mayuri Ghosh, A.P. Agarwalla
For the Respondents: S.N. Mookherjee, Anunoy Basu, Naman Chowdhury, Deepta Priya, Abhraji Mitra, Jishnu Chowdhury, Abhidipto Tarafdar, Satyaki Mukherjee, Mini Agarwal, Sirin Firdous

JUDGMENT :

ARINDAM MUKHERJEE, J.

1. In a suit for declaration and injunction, the plaintiff has filed this application seeking interim relief in aid of the reliefs claimed in the suit.

2. The plaintiff is also seeking ad interim orders in terms of the prayers made in this application.

3. Before going into the arguments advanced by the parties, in support of the ad interim order and while opposing the same, the brief facts of the matter are enumerated hereinbelow for convenience and better understanding.

4. The plaintiff is a permanent member of Royal Calcutta Turf Club (in short ‘RCTC’) since about last 12 years.

5. RCTC Association, the defendant No. 1 (in short RCTC) is presently a company within the meaning of Section 8 of the Companies Act, 2013 (hereinafter referred to as the ‘2013 Act’). Previously defendant No. 1 was an association of persons known as Royal Calcutta Turf Club, Turf Properties Private Limited (in short ‘TPPL’) defendant No. 2. TPPL is a unit of defendant No. 1 through which the defendant No. 1 is carrying on horse racing and related sports activities.

6. The defendant No. 2 as the trustee of defendant No. 1 holds the properties of defendant No. 1 on its behalf. The

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