Interlocutory applications must align with the main suit's pleadings; claims of document fabrication did not meet legal criteria for prosecution.

JUDGMENT :

1. While the appeal in C.M.A. No.2482/2024 has been filed aggrieved by the order made in I.A. No.7/2024 in C.S. No.65/2022 in and by which the prayer for a direction to the respondent/defendant to provide all the club facilities and amenities to the appellant was dismissed pending the suit; C.M.A. No.3312 of 2024 has been filed against the dismissal of I.A. No.8/2024 in and by which plea for initiation of prosecution against the committee members and Secretary of the respondent Club u/s 195 (1)(b)(ii) Cr.P.C. was dismissed. As both the appeals are interconnected, they are taken up together and disposed of by this common judgment.

The matter was initially reserved for orders on 23.01.2025 upon hearing learned counsel on either side and, thereafter, on the request of the party-in-person, for clarifying certain issues, the said matter was listed for clarification on 30.01.2025. However, on the said date, due to personal inconvenience, the party-in-person could not appear and after hearing the learned counsel for the respondent, the matter was listed on 13.02.2025. However, due to change of roster, inadvertently the matter was not listed and, thereafter, on coming to notice about the non-listing, the matter was listed on 19.2.2025.

On 19.02.2025, this Court heard the party-in-person who submitted that if the Court intends to take the compilation submitted by the respondent, then the petitioner may be granted some time to file his counter and make his submissions. When this Court pointed out that the materials in the compilation are not relevant for deciding the said case, though it has some connection with the case, learned counsel for the respondent submitted that he is not pressing the said compilation as also the memo filed along with the said compilation. The party-in-person also agreed to not press the memo filed with regard to his stand on the said compilation. The said request of either side is recorded and the compilation as also the memo filed by the respondent as also the memo filed by the petitioner on the said compilation are not taken on file as the said materials are not pressed by the respective parties. Thereafter, this Court heard the parties further and, thereafter, reserved the case for orders on 19.02.2025.

2. It is the case of the appellant that he is a veteran officer of the Indian Army, who had retired after serving for nearly 25 years and that the meritorious service of the appellant has resulted in the appellant being the recipient of many meritorious and gallantry awards.

3. It is the further case of the appellant that he initiated the suit against the respondent herein questioning the illegal suspension order dated 2.6.2022 in and by which the permanent membership of the appellant was suspended for a period of 12 months. Further the suspension period stood expired on 1.6.2023. It is the further case of the appellant that when he called on the Secretary of the Club over phone on 2.6.2023 requesting to use the club facilities citing the completion of one year suspension period, he was denied access citing instructions from the President of the Club without any valid reason.

4. It is the further case of the appellant that he had sent an email to the Club against the said high-handed and illegal prevention of the appellant from entering the Club for which no response was forthcoming and the access to the Club for the appellant was prevented beyond 1.6.2023, which is impermissible as the maximum suspension period of 12 months alone is permitted under Bye-Law 23 (ii) of the Club, which stood already expired.

5. It is the further averment of the appellant that he has, since 2016 been paying the subscription, including the period of his suspension and a special subscription fee of Rs.7,500/- demanded was also paid by the appellant. Aggrieved by the act of oppression and mismanagement of the club, the appellant moved the National Company Law Tribunal against the Extraordinary General Body Meeting in which NCL