IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22.05.2025 + FAO(OS)182/2024 & CM APPL. 75479/2024, CM APPL.

75480/2024 MR. SIDDHAANT MOHTA AND ORS. ..... Appellants versus DELHI GYMKHANA CLUB LTD. AND ORS. ..... Respondents Advocates who appeared in this case:

For the Appellants : Mr. Amir Singh Pasrich, Ms. Mohanna Malhotra, Mr. Karan Bahmani, Advs.

For the Respondents : Mr. Prateek Kumar, Ms. Raveena Rai, Advs. for R-1.

CORAM HON’BLE MR JUSTICE C. HARI SHANKAR HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

AMIT MAHAJAN, J

1. The dismissal of the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (‘CPC’), by the learned Single Judge in CS(OS) 224/2024, by order dated 18.10.2024 Signature Not Verified Signed By:HARMINDER FAO(OS)182/2024 Page 1 of 24 (‘impugned judgment’), has led to filing of the present Intra-Court appeal by the appellants (plaintiffs).

2. The appellants’ right to use the facilities of Respondent No.1 Company was suspended by notice and letter dated 08.03.2022 and was subsequently terminated by order dated 31.03.2022 issued by Respondent No.1 Company.

3. The appellants challenged the validity of the suspension and termination letter in CS(OS) 224/2024. By the present appeal, the appellants challenge the dismissal of the interlocutory applications filed under Order XXXIX Rules 1 and 2 of the CPC, wherein the plaintiffs/appellants had sought interim injunction and stay of operation of the notice dated 08.03.2022 and the order dated

31.03.2022.

4. Certain other individuals had also challenged their respective notices and termination orders, which took away their right to use the facilities of Respondent No.1 Company, by filing separate suits. Their applications seeking interim relief were also dismissed by the same common impugned judgment.

5. Respondent No.1 is incorporated under the Companies Act, 1930, and is governed by its Memorandum of Association (‘MOA’) and Articles of Association (‘AOA’). It has established the club facility for the purpose of use and enjoyment of its members. Club members are divided into various categories - Permanent Members, Garrison Members, Temporary Members, Casual Members, Special Category Members and Corporate Members. The members enjoy the facilities of Signature Not Verified Signed By:HARMINDER FAO(OS)182/2024 Page 2 of 24 Respondent No.1 Company, and the management at this stage is entrusted to the Joint Committee/Respondent No.4. The AOA permits children of members, between the age of 13 to 21, to use the facilities of Respondent No.1 Company as dependents, and additional monthly subscription is charged for this purpose. Children between the age of 13 to 21 enjoy the facilities as dependents of the members and can apply for full membership after attaining the age of 21 years.

6. Article 13 (3b) of the AoA provides that on reaching the age of 21, the son of a member who had previously been using the club facilities as a dependent must apply to become a full member should he wish to continue the use of the Club.

7. Article 13(3c) of the AoA provides that unmarried daughters who were using the Club facilities as dependents can continue to use the facilities of the Club even after attaining the age of 21, as long as they live with their parents.

8. All dependent members, upon attaining the age of 21 years, were allowed to use the facilities of the Club upon submitting an application to become permanent members. These dependent members, even though they had not been granted membership, used the facilities of the Club simply upon submitting a form to become members. This category of persons, who were using the Club facilities as erstwhile dependents of the members of the Club, came to be termed as Green Card Holders. However, the term or category of Green Card Holders as one of the membership categories does not find mention in the AoA.

Signature Not Verified Signed By:HARMINDER FAO(OS)182/2024 Page 3 of 24

9. The affairs of the Club came under in