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2010 Supreme(Del) 787

S.RAVINDRA BHAT
S JAGTARAN SINGH ANAND. – Appellant
Versus
CHELMSFORD CLUB LTD. – Respondent


Advocates Appeared:
Mr.Harish Malhotra, Sr. Advocate with Mr. Rajiv Kumar Garg and Mr. Ashish Garg, Advocates
Mr. P.V. Kapur, Sr. Advocate with Ms. Vijay Lakshmi Menon, Mr. Pawan Sharma, Ms. Ekta Sikri, Ms. Mehak Khanna and Mr. Madhumeet Chauhan, Advocates.

JUDGMENT

1. This common judgment will dispose of two suits. The plaintiffs in CS (OS) 1805/2010 are referred to as “the plaintiffs in the First suit” and the plaintiffs in CS (OS) 1861/2010 are referred to as “the plaintiffs in the Second suit”. The defendant in both the proceedings is common, i.e. Chelmsford Club Ltd., (hereafter called “the Club”).

2. The relevant claims in the first suit are for declaration that the nomination forms submitted by the plaintiffs in the suit are valid and that they were entitled to participate in the elections held on 15.09.2010. Consequent mandatory injunction and permanent injunction, directing the Club, not to reject the nomination forms and also restrain it and its office bearers etc. from holding the election on 15.09.2010 is sought. In the second suit, a declaration that a Circular of 04.09.2010, issued by the Club and a letter dispatched on that date, on 06.09.2010, rejecting the plaintiffs? nomination in the second suit as void, and a further declaration that the said plaintiffs are entitled to participate in the elections on 15.09.2010 with consequential mandatory and permanent injunction of the kind sought in the first suit are claimed.

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