Karnataka High Court
M K Marattukalam vs Bangalore Club on 10 August, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 10TH DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.26801/2012(GM-CPC)
BETWEEN:
1. M K MARATTUKALAM
S/O LATE K T MARATTUKALAM
AGED ABOUT 63 YEARS
R/A VILLA-14
PRESTIGE CEDAR, NO.7
CONVENT ROAD
RICHMOND TOWN
BANGALORE-560025 ... PETITIONER
(BY SRI.Naganand, SENIOR COUNSEL FOR
M/S.JUST LAW-S SRIRANGA ADVOCATE)
AND:
1. BANGALORE CLUB
AN UNREGISTERED BODY OF PERSONS
HAVING ITS OFFICE AT NO.10
FIELD MARSHAL K M CARIAPPA ROAD
BANGALORE-560025
REPRESENTED HEREIN
BY ITS SECRETARY
2. FEROZ SATTAR SAIT
S/O HAJEE ABDUL SATTAR SAIT
MAJOR
PRESIDENT
BANGALORE CLUB
R/A SAFINA PLAZA
NO.84/85, INFANTRY ROAD
BANGALORE-560001 ... RESPONDENTS
(BY SRI.ARVIND KAMATH, ADVOCATE FOR R-1,
SRI P.E.REGO ADVOCATE FOR R2,
2
SRI B.K.SAMPATH KUMAR ADVOCATE
FOR APPLICANTS)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER
TO DIRECT THE XLII ADDL. CITY JUDGE, BANGALORE TO
DISPOSE OF IA NO.1 FOR TEMPORARY INJUNCTION TO
RESTRAIN THE DEFENDANTS, ITS MEMBERS, OFFICE
BEARERS SECRETARY, OTHER OFFICERS, SERVANTS AND
AGENTS FROM GIVING EFFECT TO OR TAKING ANY STEPS
PURSUANT TO THE RESOLUTION DTD.1.7.12 PASSED BY
THE GENERAL BODY OF MEMBERS OF THE CLUB AT THE
EXTRA-ORDINARY GENERAL MEETING HELD ON 1.7.12 IN
OS NO.5015/12, PENDING BEFORE IT WITHIN 15 DAYS, IN
ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Shri Arvind Kamath enters appearance for respondent no.1. Shri P.E.Rego appears for respondent no.2. Shri B.K.Sampath Kumar, learned Counsel proposes to appear for the proposed impleading applicants/defendants.
2. This petition is filed seeking a direction to the lower Court to dispose off I.A.I for temporary injunction which has been filed to restrain the defendants, its members from taking any steps pursuant to the resolution dated 1.7.2012 passed by the general body of 3 members of the first respondent - club. The trial Court by its order dated 24.7.2012 granted time to the first and second defendant to file their objections or written statement as well as time was granted to the plaintiff to file his objections on I.A.No.II for impleading the proposed defendants and the matter was adjourned to 13.8.2012. Hence, it is pleaded by the plaintiff that the trial Court be directed to hear and dispose off the I.A. at an earliest point of time.
3. The Counsel for the respondent no.1 submits that they are yet to file their written statement and their objections to the I.A and that they have serious objections and object to the maintainability of the suit itself.
4. However, in view of the urgency pleaded by the plaintiff and in view of the fact that the suit has been filed on 16.7.2012, the lower Court would not be justified in holding that due to paucity of time it is unable to dispose off the said application. Both the defendants submit that they will be filing their written statement 4 and/or objections to I.As. by 13.8.2012. Under these circumstances, the trial Court is directed to hear and dispose off I.A.I within a period of one week thereafter. Writ Petition disposed off accordingly.
Sd/-
JUDGE sh