HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.1761 OF 2024

ORDER

This Civil Revision Petition is filed assailing the order, dated 14.12.2023, passed by the IX Additional Chief Judge, City Civil Court at Hyderabad, in I.A.No.531 of 2023 in S.O.P.No.12 of 2023. By the impugned order, the application filed by the petitioner seeking to grant interim orders suspending the resolution dated 25.12.2022, passed by respondent-Association, whereby his membership was suspended, was dismissed.

2. Heard Smt Manjiri S.Ganu, learned counsel for the petitioner and Sri Vivek Jain, learned counsel appearing for the respondent.

3. The revision petitioner is the plaintiff and the respondent is the defendant in the S.O.P. For convenience, hereinafter, the parties will be referred to as they are arrayed in the SOP.

4. Concisely stated the facts of the case are that plaintiff filed a suit vide S.O.P.No.12 of 2023 for declaration that resolution dated 25.12.2022 passed by the defendant -association with regard to suspension of his membership is illegal, arbitrary and against the bye-laws of association. The defendant-association entered appearance and filed counter denying the plaint averments. Pending adjudication of the suit, plaintiff filed the aforesaid I.A.No.531 of 2023.

5. In the affidavit, filed in support of the application, plaintiff averred that after taking charge by the new committee, some differences arose between the members of the society with regard to accounts pertaining to the years i.e., 2006 to 2016 during which period the plaintiff was the President of the society and in that regard, a suit vide O.S.No.3169 of 2020 was filed against the plaintiff and three other members for recovery of money on the file of XXI Junior Civil Judge, City Civil Court, Hyderabad. It was further averred that the plaintiff has no role in preparation and submission of accounts during the relevant point of time and said fact was accepted by the former Treasurer also. It was further averred that as report of false allegations is made against him in Annual General Body Meeting held on 19.12.2021, he got issued legal notice dated 28.09.2022 to some members of defendant- association, to which reply was issued. That while the things stood thus, the defendant-association held Annual General Body Meeting on 25.12.2022, wherein a resolution was passed suspending the membership of the plaintiff, though no such power is vested with the defendant-association and hence, prayed to allow the application.

6. The defendant-association filed counter denying all the allegations made by plaintiff in the application and specifically contended that as per the minutes of Annual General Body meeting on 25.12.2022 a specific agenda was formulated and after due deliberations, decision was taken and the plaintiff was placed under suspension by the association as the latter is empowered to deal with issues like appointment, removal or recalling of any office bearer and hence, the application is liable to be dismissed.

7. The trial Court vide impugned order dated 14.12.2023 dismissed the application with observations as hereunder:-

“Admittedly, as per the Society Registration Act and also as per bye-laws formulated by any association, the association member can in the interest of group of committee and the interest of the association and welfare of association take decision to admit or any member or to expel or suspend any members from the association as per the procedure by forming agenda in the general body meeting. Plaintiff failed to submit the audit accounts for a long period of 10 years and he never bothered to maintain the library and the accounts properly. .

It is not in dispute that general body meeting was held on 25.12.2022 in which after due notice to plaintiff only, he was suspended from the membership and admittedly, there are several allegations on the plaintiff regarding to the non maintenance of records and exploitation of the funds of associatio