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2009 Supreme(Mad) 3955

S.PALANIVELU
The Ootacamund Club Represented by its Secretary The Nilgiris – Appellant
Versus
H. S. Mehta – Respondent


Advocates appeared:
For the Petitioner:T.V. Ramanujam, Senior Counsel, for M/s. R. Ramanlaal, Advocate.
For the Respondent:M.S. Krishnan, Senior Counsel, for M/s. Sarvabhuman Associates, Advocates.

Judgment :-

Common Order:

1. The allegations contained in I.A.No.484 of 2008 (C.R.P.(PD).No.1021 of 2009) in brief are as follows:

1.(a) The defendant Club was incorporated in the year 1889 under the provisions of Indian Companies Act 1882. The Articles of Association described the classes of members in detail. The business and affairs of the Club are to be maintained by a committee consisting of a President and 12 other members who are to be elected annually at every Annual General Meeting. The petitioner is a permanent member having been elected on 211. 1994. He has been noticing that the bye laws of the Club was maneuvered for the advantage of committee members and every time of such flouting of the rights and he used to bring the same to the notice of the committee. But they were dismissed as minor incidents. The secretary of the Club on 9. 2001, while the petitioner was in the dance floor, demanded him to leave the dance floor and wear his jacket. While the Club was celebrating the Planters Ball on that day and while dancing he had removed his jacket, the petitioner brought the conduct of the secretary to the President. Totally suppressing his complaint, the Club issued notice
































































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