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2021 Supreme(Del) 1969

MUKTA GUPTA
Naresh Dayal – Appellant
Versus
Delhi Gymkhana Club Ltd – Respondent


Advocates appeared:
Sudhir Chandra, Advocate, Utkarsha Kohli, Advocate, Abhimanyu Garg, Advocate, Vikas Singh, Advocate, Nandadevi Deka, Advocate, Kapish Seth, Advocate, Shikha Rai, Advocate

JUDGMENT

Mukta Gupta, J. - The present suit has been filed by seven plaintiffs who are all members of defendant No.1 Club in a representative capacity claiming that they are the permanent members of defendant No.1 which has 5553 permanent members, about 4925 person enjoy the facility of the defendant as Green Card holder and about 2305 persons and their spouses and children have been registered as UCP. Claim of the plaintiffs is that the defendant Club which is a non-profit Company by Guarantee was incorporated in 1913 and as per Clause 4 of the Articles of Association, membership of the Club is classified in five categories, i.e., Permanent, Garrison, Temporary, Casual and Special Category. The waiting list of permanent members has been sub- classified into two categories, Government and Non-Government which is in the ratio of 50:50. The total approved Permanent membership is 5600. Besides the membership, the facilities of the Club can be enjoyed by the spouse and dependent members wherein children of the member below the age of 21 years are considered as dependent members. Children of the member up to the age of 13 years can utilize the facilities of the Club when accompanied by t

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