Bombay High Court
Rakesh Malhotra vs The National Sports Club Of India And Anr on 1 March, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.03.03
11:47:37 +0530
20-ial-1196-2023.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.1196 OF 2023
IN
SUIT (L) NO.1190 OF 2023
Rakesh Malhotra ...Applicant /
Plaintiff
Versus
The National Sports Club of India & Anr. ...Defendants
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Karl Tamboli and Anuj Desai i/b. Shubro Dey for the Applicant /
Plaintiff.
Ashish Kamat, Senior Counsel, Ankit Lohia, with Ajay Basutkar for
the Defendants.
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CORAM : R.I. CHAGLA J.
DATE : 1 MARCH, 2023.
ORDER :
1. Mr. Karl Tamboli, learned Counsel for the Applicant / Plaintiff states that the Applicant will file their nomination for elections of the Central Council of Defendant No.1 - Club as today is the last date for filing the nominations.
2. Mr. Kamat, learned Senior Counsel for the Defendants 1/3 20-ial-1196-2023.doc raised preliminary objections on the ground that there is no prayer in the Interim Application for seeking relief for filing nomination in respect of the elections of the Central Council as well as there is no cause of action made out for such relief. He has further raised an issue on the pecuniary jurisdiction of this Court. Considering, that the claim in the Suit is for a sum of Rs.1 Crores as and by way of damages.
3. Having considered these submissions, by keeping all rights and contentions of the parties open including the contention on behalf of the Defendants that there is no relief sought with regard to the elections of Central Council, it is open for the Applicant / Plaintiff to file nomination for elections of the Central Council. Needless to mention that it will be open for Defendant No.1 to either accept or reject such nomination.
4. Further, the Applicant / Plaintiff is permitted to file appropriate application for amendment of the Plaint and Interim Application seeking the further relief as sought for regarding the elections of the Central Council of Defendant No.1. 2/3
20-ial-1196-2023.doc
5. Mr. Kamat tenders Affidavit in Reply of the Defendants dated 1st March, 2023 to the Interim Application which is taken on record. The Applicant / Plaintiff is permitted to file Affidavit in Rejoinder thereto within a period of two weeks thereafter.
6. Interim Application shall be placed under the caption for ad-interim relief on 17th March, 2023, high on board. In the event, the Interim Application is taken out for amendment, the same shall also be listed on that date.
7. Liberty to the parties to apply for an early date.
[ R.I. CHAGLA J. ] 3/3