JUDGEMENT

JYOTI SINGH, J.

1. Plaintiffs are stated to be veteran members of Roshanara Club Limited (‘RCL’), a Public Limited Company incorporated under Companies Act, 1956 (‘1956 Act’). RCL was established as a not-for-profit charitable company promoting commerce, art, science and charity under Section 25 of the 1956 Act and is now governed under Section 8 of Companies Act, 2013 (‘2013 Act’). Present suit has been filed by the Plaintiffs seeking the following reliefs against Defendants No. 2 to 10:

“1. Declare that Defendant Nos. 2 to 10 have forfeited their authority and ceased to represent Roshanara Club Limited (RCL) in any capacity, including as Secretary, General Secretary, Director(s), or members of the Executive Committee/Management Committee, by virtue of the expiration of their term of office on 30.09.2023, pursuant to Clause 44 of the Memorandum of Association of RCL., and/or

2. Declare that, with effect from 01.10.2023, Defendant Nos. 2-10 constitute a defunct and dissolved body, having ceased to possess any legal authority or competence to act on behalf of Roshanara Club Limited (RCL), by reason of the expiration of their term of office, and/or

3. Declare that all actions, decisions, and transactions undertaken by Defendant Nos. 2-10 post 01.10.2023, in the name of Roshanara Club Limited, assuming themselves to be members of the Executive/Managing Committee of RCL, are null and void, having been undertaken without authority, and are consequently non-binding and of no legal effect upon RCL, being void ab initio, and/or

4. Declare that, effective 01.10.2023, all representations and communications made by Defendant No. 2, projecting himself as General Secretary of Roshanara Club Limited (RCL) and using RCL's letterhead, are illegitimate, illegal, null, and void, and completely devoid of any legal efficacy or consequence, and/or

5. Declare that Communication dated 07.12.2024 (Document No.8) issued by Defendant No. 2, projecting himself as General Secretary of Roshanara Club Limited (RCL) and using RCL's letterhead is illegitimate, illegal, null, and void, and completely devoid of any legal efficacy or consequence, and/or

6. Direct Defendant Nos. 2 to 10 to strictly comply with and adhere to the provisions of Clauses 43 and 44 of the Memorandum of Association (MOA) of Roshanara Club Limited (RCL), in their entirety and spirit, and/or

7. Pass an order of Permanent Injunction restraining Defendant Nos. 2 to 10 from unauthorizedly entering into any agreement/communication using the name of Roshanara Club Limited (RCL), including the one with Delhi Development Authority (DDA), and/or

8. Injunct Defendant Nos. 2 to 10 from representing themselves as the competent authority of Roshanara Club Limited (RCL), for the purpose of entering into any agreement/settlement as detailed in the affidavit dated 19.12.2024 (Document No. 13), and/or

9. Injunct Defendant Nos. 2 to 10 from operating bank accounts of Roshanara Club Limited (RCL) in banks, namely HDFC, AXIS, SBI, Bank of Baroda and other banks, the account details of which are specified in paragraph 10 of the suit, and/or

10. Declare that Defendant Nos. 2 to 10 have committed acts of misfeasance and malfeasance with regard to the resources of Roshanara Club Limited (RCL) and have illegally and unauthorizedly withdrawn amounts from the bank accounts. Direct that the withdrawn amounts be restored by issuing recovery order from each and every Defendant, who shall be jointly and severally liable for the same, and/or

11. Pass an awarding Damages to the tune of Rs. 2 crores to the Plaintiff declaring that it is being subjected to intentional and malicious harassment by the Defendants.

12. Direct Defendants Nos. 2 to 10 to provide a detailed and accurate rendition of accounts of Roshanara Club Limited (RCL) from the date of their appointment till date, and further order a forensic audit into the accounts of RCL to investigate and scrutinize all financial transactions, dealings, and decisions made by