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2017 Supreme(Del) 586

JAYANT NATH
Dilip Tuli – Appellant
Versus
Country Club – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rupesh Kumar
For the Respondents: Mr. Anoop Bagai, Mr. Ankit Jain, Mr. Anand Sharma

JUDGMENT :

Jayant Nath, J.

CAV 154/2017

Since the counsel for caveator has entered appearance, the caveat stands discharged.

CM(M) 189/2017 and CM Nos. 6240-41/2017

1. By the present petition filed under Article 227 of the Constitution of India, the petitioners seek to impugn the order dated 01.02.2017 passed by the appellate court dismissing the appeal of the petitioner. The petitioner had filed an appeal against the order of the trial court dated 22.12.2016 dismissing the interim application filed under Order 39 Rules 1 & 2 CPC by the petitioner/plaintiff.

2. Respondent No. 1 is a Society registered under the provisions of the Society Registration Act, 1860 and is running a club in Sainik Farm area. A complaint was received by respondent No. 1 from one of its members making allegations about misconduct against the petitioners on 9.10.2016. On the basis of the complaint, a show cause notice was issue on 10.10.2016. Oral hearing was also given to the petitioner. On 12.12.2016 the petitioners were informed that they have been found guilty of misconduct for indulgence in indecent behaviour with ladies etc and that they have been suspended from using the facilities of the Club w.e.f. 15.12.

















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