(MAY 31, 2002) 2002 (TLS)127488

2002-AIR (Del)-0-501 :: 2002-ILRDLH-10-267

J. DAULAT SINGH Vs. Delhi Golf Club Limited

A. K. Sikri

( 1 ) THIS suit relates to the membership in the premier Golf Club of the country, namely, Delhi Golf club Ltd. The plaintiff who was given Tenure membership of the Golf Club in August 1999 which came to end on his retirement. He wants to be a permanent member of this Club. He in fact applied for this membership which was refused by the Club. The plaintiff assents that he has right to be accorded regular membership. Therefore, this suit is filed by the plaintiff for declaration and injunction. The prayers contained In the suit are: a) pass a decree for declaration declaring that the plaintiff has a right to be accorded membership with the defendant club; b) Pass a decree of permanent injunction directing the defendant club, its authorised officers, agents, nominees, representatives, committees etc. to allow the plaintiff the user of the club facilities especially the Golf Course; c) costs of the suit may be awarded in favour of the plaintiff and against the defendant.

( 2 ) SOME factual matrix may be noted at this stage. The Delhi Golf Club Ltd. ( hereinafter referred to as the the Club ) is a company registered under the indian Companies Act. This Club was founded with the objective of promotion of the game of golf. Its functions are regulated by its Memorandum and Articles of Association and Bye-laws. The Club was given land on lease by the Government of India on Dr. Zakir Hussain road, new Delhi vide lease deed dated 5th August, 1996. Certain Clauses of this lease deed have bearing on the present case and it would be appropriate to glance lhrouyh the same.

( 3 ) CLAUSE-4 of the Memorandum and Articles of association of the Club stipulates various objectives for which the Club is founded and the main objective winch concerns this case is objective 4 (a) as per which the Club is "to promote the game of golf only". Articles 3 to 10 of the Memorandum and Articles of association deal with various kinds of the membership in the Club. As per Article 3 the Club is to consist of nut more than 750 permanent members; provided that at no Lime shall the number of the a" members be less than four-fifths of the permanent members. As per clause 8 (i) there shall be one class of Permanent members, namely, a Members. Explanation attached to this article reads as under;

"there shall be In future only one class of Permanent Members, namely, a members. There are certain b and Life members at the time of adoption of these articles who are Permanent Members. They would continue as such and in future no b Member or Life Member shall be admitted. "

( 4 ) APART from Permanent Members, there could be Associate Members. As per clause 9 (i) an Associate member is a lady or a gentleman who plays golf and ie 21 years of age or above who is admitted as such associate Member and enjoys the privileges as specified in these Articles and bye-laws of the Club and he/ she is not a Permanent Member of the Club. Clause 9 (ii) describes various classes of Associate Members as under : (a) Mid-week Members (b) c Members (c) Tenure Members (d) Temporary members (e) Honorary Members (f) Casual Members.

( 5 ) CLAUSE 10 of the Articles thereafter stipulates as to who could be permanent a members as well as various kinds of Associate Members mentioned above. The relevant provisions of Clause 10 in this respect defining all these members are reproduced below :

10 A. 1 BEBMANENT a MEMBERS election of a Members; a Members vacancies will be filled up from Mid-week members strictly in the order of seniority of their becoming mid-week Members subject to their playing regularly and a handicap of 18 or below for gentlemen and 24 or below for ladies on the LODHI COURSE for the last three months, as follows:" (a) 80% out of Mid-week Members other than Serving Govt. Officers. (b) 20% out of Govt. officers who are mid-week M