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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Samson Premdoss – Appellant
Versus
Besant Nagar Club, Represented by the Secretary – Respondent
| Table of Content |
|---|
| 1. contention regarding suspension and show cause notice. (Para 3 , 4 , 12) |
| 2. legal proceedings related to ownership and suspension impacts. (Para 5 , 6 , 7) |
| 3. argument on club rules and rights of members. (Para 8 , 10 , 18) |
| 4. judicial stance on internal club decisions. (Para 15 , 16 , 19) |
| 5. final judgment dismissing the civil revision petition. (Para 20 , 21) |
ORDER :
The revision has been filed by the plaintiff, aggrieved by the order of dismissal of an interlocutory application for interim relief in I.A.No.1 of 2025 in pending CMA.No.19 of 2025 dated 03.07.2025 on the file of the II Additional City Civil Court, Chennai.
2.I have heard Mr.Murugendran, learned counsel for Mr.Nagendran Prasad, learned counsel for the petitioner and Mr.Ravichandran Sundaresan, learned counsel for the respondents 1 to 4 & 6.
3.The learned counsel for the petitioner, Mr.Murugendran, would state that the plaintiff has questioned the show cause notice dated 06.11.2023 issued by the 2nd defendant as being arbitrary, illegal and void and not binding on the plaintiff and for consequential permanent injunction to restrain the 2nd defendant from taking any adverse action against the plaintiff eith
The court affirmed that an internal club decision regarding suspension cannot be challenged without prior legal compliance, limiting judicial review of such organizational actions.
Interlocutory applications must align with the main suit's pleadings; claims of document fabrication did not meet legal criteria for prosecution.
Termination of membership without due process violates principles of natural justice; trial essential for contested factual claims.
The Civil Court lacks jurisdiction over matters under the Companies Act, but the distinction between Stand Members and Club Members requires a full trial to determine rights and jurisdiction.
An appellate court has the authority to grant or stay interim injunctions under the Civil Procedure Code if proper procedural conditions are fulfilled.
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