O.A.No.813 of 2022

and A.Nos.5927 & 5928 of 2022

in C.S.No.271 of 2022

Reserved on

12.04.2023

Delivered on

05.06.2023

K.KUMARESH BABU, J.

These applications have been filed by the applicant seeking for various

reliefs as follows:

(i)O.A.No.813 of 2022 has been filed to pass an order of interim injunction

restraining the respondent/defendant their men, agents, servants, employees,

members or any person claiming through the respondent/defendant in any manner

interfering with the petitioner/plaintiffs sole proprietors continued club

membership rights under Membership No.IM 589 with the respondent/defendant

pending disposal of the above suit.

1/20

https://www.mhc.tn.gov.in/judis

(ii)A.No.5927 of 2022 has been filed to pass an order to suspend the

termination and annulment of applicant/plaintiff membership number IMG 002 by

the respondent/defendant vide impugned letter dated 20.10.2022 of the

respondent/defendant and consequently permit the applicant/plaintiffs sole

proprietors continued club membership rights under Membership No.IM 589 with

the respondent/defendant pending disposal of the above suit.

(iii)A.No.5928 of 2022 has been filed to pass an order granting leave to the

applicant/plaintiff to institute a separate suit against the defendant and or their

Executive Committee/General Committee members for the damages and other

rights arising out of the same cause of action.

2.Heard Mr.George Cheriyan, learned counsel for the applicant and

Mr.Gautam S.Raman, learned counsel for the respondent.

2/20

https://www.mhc.tn.gov.in/judis

3.Mr.George Cheriyan, learned counsel would submit that the applicant is

the sole proprietor of N.G.George and Associates. Earlier his father N.G.George

Senior had promoted the aforesaid proprietorship concern which after his death is

being managed by N.G.George Junior, the present applicant herein. The respondent

had offered institution membership in the year 1978 and such membership had

been granted in perpetuity. The applicant's father had made an application for

institution membership of the firm N.G.George and Associates and were also

granted such membership bearing membership No.IMG 002 for Mr.N.George

Senior. Every institution member can nominate a member who shall enjoy the

benefits of the first respondent club. On the demise of N.G.George Senior, his wife

Mrs.Valsa George was granted membership No.IM 609 as nominee of N.G.George

and Associates. During the year 2001, the mother of the applicant gave up a

membership as a nominee and the applicant N.G.George Junior was nominated and

was granted membership No.IM 589.

3/20

https://www.mhc.tn.gov.in/judis

4.He would further submit that there has been no default in payment of any

bills of the club or any outstanding dues as regards to the institution membership.

However, by letter dated 02.11.2019, the applicant had been informed that the

institution that was granted membership was not in good standing and had given 7

days time to show cause and present reasons for revocation of suspension.

Immediately on receipt of such notice, the applicant had in detailed replied that the

institution has been performing very well and therefore sought revocation of the

order of suspension. The said reply had also been followed up with various

reminder letters. The applicant was in receipt of a mail dated 12.12.2019 calling

upon him to produce various documents to substantiate his claim which has also

been duly replied to by subsequent communications.

5.Thereafter being satisfied with the explanations given by the applicant, the

General Committee in its meeting held on 20.01.2020, after recording such

satisfactory explanations had revoked the suspension of the applicant, the nominee

4/20

https://www.mhc.tn.gov.in/judis

of N.G.George and Associates with immediate effect. However, four of the General

Committee members viz., Mrs.Sanjay Shroff, Mr.N.Kum