Karnataka High Court
Raj Mahal Vilas Club vs K R Nataraj on 6 February, 2012
Author: Anand Byrareddy
Bench: Anand Byrareddy
l. ho IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 06"! DAY OF FEBRUARY 2012 BEFORE THE HON'BLE MR. JUSTICE AN AND BYRAREDDY. ; REGULAR FIRST APPEAL No9LOF 2012 BETWEEN: Raj Mahal Vilas Cl ub. (A Wing of RMV He W elfare a Society) © _ An unregistered as S08 iat ion /> Body of persons, having Tes office - At CA No.-3,.15"" Cross, 3") Main, RIG Ce slony., R. M. von Stage, Bang ralore -- 560 ¢ 904, Represente d hereis n by" it is Sec retary. - Raj Mahal Vi 'lg aS. SH _ Welfare Society ( (Reed. ) _ A Society registered under the ~ Provisions-oftthe Karnataka Societies Registration Act, "Having its Office at No.CA-3, 15" Cross, 3" Main, HIG Colony, R.M.V. 2™ Stage, ~ Bangalore ~ 560 094, Represented herein by its Cl Shon CA Secretary. (By Shri. S.S.Ramdas, Senior Advocate ) AND: I. K.R.Nataray, Son of Sri. Dae: Aged about 49 years, Residing at Ramakrishnappa Fat m. Tatanagar, Kodigehalli, Bangalore -- 560 092. . 2. Dr.S.Rajanna, . Son of late S: 'i. Su ibbanna, . Aged about 56: years, Residing at No°6;. Chandra 'Park. Outer Ring Road," Nay zasettihalli Bangalore - 560 094. =) 3. Sridhara." ; Son of Sri. Hema Re ddy, . "Aged-abeut 44 years, _ Residing at No.251, -SELEG> RUMLV: II Stage i. Bangalo re ~ 560 094. . 4. Dr:Somasundar Murthy, Son 6f Late Sri. Shilpi Shamachari, .. Aged about 67 years, Residing at No.103, R.M.V.II Stage, I Block. es ~ a -APPELLANTS on If Main Road, Bangalore -- 560 094. aay Gopi, Son of Sri.K.Narayan, Aged about 38 years, No.28, 1° Main, --_ M.1.A. Layout, R.M.V. IT Stage. IV Block, a io Bangalore -- 560 094. a ORES SPONDENTS (By Shri. Shanmukhappa, Advocate. for Mis. Kesvy and Company for Caveator/Respondents) This Reguiar First Appeal iS fil iled-under Section 96 of Code of Civil Procedure , 1908, against the judgment and decree dated 8.11.201 4 passed in OS No. 1607/2007 on the file of the 24" Addition2! Cit: y: Civil, and Sessions Judge, Bangalore, decreeing me suit! for declaration and permanent injunction. This Appeal coming on for Orders, this day, the court delivered the folic wi ings JUDGMENT
The appeal having been admitted, insofar as the interim prayex is.concerned, there was vehement opposition by the i learn ied Counsel appearing for the respondent. Therefore, the récord was required to be perused closely. It is now found that the appeal would fail on a primary circumstance that is not disputed. The first appellant is in control of the. second appellant, a Club. The respondents are members "whose | found that on the basis of the rules 'governing "the second. appellant, a member could be 'tertninated: from the' society or any of its wings, including the "Club;..on the basis of a recommendation by the Managing Coimmiiftee of the Club or such other wing and bya resolution passed by the Executive Committee cn the: basis of that réconimendation. In the instant oy case on hard, the recemineridation of the Managing Committee of the Club is at Exhibit D.24 which reads as follows:-
29.12.06 TO The.President RMV. Welfare Society Gangalore -- 94 Bear Su.
Sub: Unruly behavior of certain members of the club.
On at Ref: our earlier letter dated.
This is to bring to your notice that several members" . of the RMV Club disturbed the Managing Committee ; meeting of the RMV Club held on 28.12.06 at 5 pnts. They also behaved in an unruly manner assialtihe 'the' President. The Hon. Secretary and Hon. Treastrer.of the Club leading to injury to the ofiige "hearers. Under the, © prevailing circumstances' we feel thitt the safely-of thee members and security of the property of the Club is in serious danger. -Hence we suggest the closure of the RMV Club and reqdest. fer immediate. and appropriate action as deemed f.-
_ Yours faithfully, os Sd/-
(S:PARAMESWARAPPA)"
It is on the basis. of this recommendation that the Executive Committee has passed the resolution at Exhibit D.10 dated 13:1:2007 and Exhibit D-13 dated 1.2.2007 which again reads as follows :-
"Resolution dated 13.) .2007 'Regarding the complaint and recommendation of the President RMIV Club oS 6 The Resolution of the Exccutive Committee of the RMV II Welfare Society elating to the recommendatién ~ os dated 29.12.2006 forv rded by the Managing Committee.
of the RMV Club for the termination of the metibers of the Club as per their list.
The Executive committee of the R MV. it Welfare Society has made the following resolution one t3.1.2007 at Spm at the premise of the Society. The members "of the Executive 'Committee of the RMV II Welfare Society Rave placed the-said issue on basis of the recommendation' letter date ed'29,12.2006 and annexed ds ceme nts OF ihe Clu tb relating to the violation of the C feb rales aswell 'as the "act against the interest of the c lub" 'BY the netsoas, who have listed in the recomrnié zadation iettér ¥.foOr termination. The BR MV, ¢ "lub who are listed herein below for ha . el ged. into fh ¢ Managing Committee meeting hall
-- _ the "€lnb- and assaulted the --_- President "M.S. Parameshwarappa, Mr.M.Umesh Bovi, Honorary Secretary. 6 "Mr. A.N.Chandra She kar, Honorary Treasures of the Club and Mrs. Mabel Rego, a lady member who : was also abused saying she is a bitch and made indecent gestures to outrage her modesty. Herein under mentioned listed persons having further caused injuries and criminally intimidated the aforesaid members to prevent them from go out of the meeting hall and to carry out while discharging their legal duties to carry out the Managing Committee meeting. Mr. K.R.Nataraj who s ° one among herein below listed members of the Club has. started criminally intimidating the Managing Committe by bringing 9 other members of the Club. who are | mentioned herein below disturbed': the Managing . Committee and committed other offences with "atl os intention to restraining the Managing c 'ommiteee mee celing ; as well as to pass resolution- in coercive: mabaer on _the issue of Operation of Bank. acc« out as. well ai as further to restrain the newly constituted "'Managin rg Committee of the Club to carry its day. fo 'day, affairs of the Club, etc, The s said offensive: acts ofthe. mieniber rs wi 'ho listed herein below AFe conde mined by. the: Exect Hive C ommittee of the Sociely unshimot Shy."
It is al ko "found by. thie E xecutive Committee about tinat 'the athice bearers 'of the Club have lodged at the Crintinal complaint 'before the Sanjaynagar Police Station, Bangalore as registered in Crime No.368/2006 % Ok 28-12 2.2006 for offences punishable under section 143, 149, 323 3. 24, 506 Indian Penal Code The recommendation in this regard is also received by the President of the RMV Hl Welfare Society sed by the President of the RMV Club with the addre decision of the Managing Committee of the Club on SS % ¢ \ It also discussed on the expression of the some of the members of the Executive Committee of the RMV qu :
Welfare Society about the receipt of some telephune re tis and on the complaints of the members relating 10° the. question of reputation, integrity, discipline of ihe Club due to the incident and deliberate acts"of the members. ™. who listed herein below ~The Exectitive Committee ; considering the report of the Managing C aminittee of the Club and the ile al ACES commit red by the members of aye Ee the Club listed hetein beiow:ard 'after 'Gye deliberation discussion and detail enquiry. onthe said issue, the Executive. Committee, of? the Society has unanimously q, resolved. to tak e acl Hors. ag: iinet the, said members who have listed chereir be low cominitté éd the acts against to the Society as well as the Club by 'violating all norms and "rules of the."Society aswell as the Club and it is also 1 conde mined: that the seid act is immoral as well as it shall not provoke any other members in future.
"The | committee has decided to issue show cause notice in this régard. by displaying on the notice board of the RMV Clab- ard Society to providing opportunity to the listed meérobers and others attention.
LIST OF THE PERSONS TERMINATED K.R.Natara] PN 054 Dr. Raji anna PR OI3 de lar) PS 200 ee 9
4. Govindappa PG O10
5. Dr.Somsundar Murthy PS 125
6. D.D.Prasad PD O10
7. Gopi PG 002
8. A.M Jagadish PJ 004
9. Gopalkrishna PG O07
10. Devaray M. PD 037 °-
XXX "Resolution dated 12.2007 Regarding the recommendation of 'the President of R.MLV. Club dated:29.12.2000.
The Resolution of the Executive Comnnittee of the RMV U Welfare Soci¢ ety relating oO the 'recommendation date d 29, 12-2000. forw: are rded | by the Maiiaging Committee of the Ri MY 'Club fort e tes minal ion of the members of the Chub.
The. Executive, Cemfnittee of the RMV Hl Welfare Sociely as resolved-resolution on 1.2.2007 at 5 pm at the premise of the Society.
_Even after issue of the notice to the members who réconimand for termination have not produced any explanation in reply to the show cause notice already notified to justify their acts.
The members of the Executive Committee have ilso received complaints by condemning the illegal acts of the members of the RMV Club and the acts committed .
a in the Managing Committee Room on 28.12.2006 at about 6 p.m. at the premises of the RMV Society. After going through the subject matter. the, me complaints and the acts committed by abduc Hing the Managing Committee meeting -hall of the Cl leboand assaulted the President = Mr.5k Paramieshw sarappa> Mr.M.Umesh -- Bovi. Honorary. "Secretary, Mr. | A.N.Chandra Shekar, Honoriry Treasure S of the. Club and Mrs. Mabel Rego. a lady" member who was Jalso abused saying she.is'a bitch and mia le "indecent gestures ig to outrage her modesty. t The: said per sons having further caused injuries and criin ally. intimidated the aforesaid members te "prevent. then m from go out vi the meeting hall and t0 € ry out. while dis chiar ging their legal duties to ~earry "out . Managing 'Conimittee meeting. = Mr. \ KR. Natiirs a4 Pr O54. Dr.Rajanna PR O13. Sridar (Solar) | 200, Go vindappé, PG. O10, Dr. Somsundar Murthy PS _ DID. Prasad 'PERMANENT DISABILITY 010. Gopi PG 102, A.M. Jagadish PJ 004, Gopalkrishna PG 007, 10, Devaraj M.PD 037 have started criminally "intimidating the Managing Committee and disturbed the Managing Committee and committed other offences with "an-dntention to restraining the Managing Committee meeting as well as to pass resolution in coercive manner on the issue of operation of Bank account as well as further to restrain the newly constituted Managing Committee of the Club to carry its day to-day affairs of A a the Club. The said offensive acts of the members who listed herein below have not produced any materials o> justify their act of the incident dated 28.12.2006 at 6 p.te."
even alter providing an opportunity. Some of the listed members-have been repeatedly ~ misbehaving in the affairs of the:Club and bir aad. restaurant by disturbing the peaceful atmosphere of the * Club and Society.
Executive Committee of the Seciety unaniiiously declared and resolved thatthe acts carnmieted by the said members mention beret. below are against the byelaws of t working' rules of the Club. against the interest of Club und. Seciety and the Members of the Executive Committee -have decided that such incident shall ridt.repéat in future as well as smooth functioning of © the Society-and the Club and resolved to terminate all the members mentioned herein below list forthwith by invoking the Rule. 13(a) RMV II Welfare Society.
"The Members of the Executive Committee hereby . resolved 'and declared that the said listed ten member s stands. terminated from the membership of the Club. The . terfilinated members shall not be entitled to use the facilities of the Club even as guts. The terminated members are not entitled to claim any sum from the Club ie or Society.
C The Office is directed to collect any dues from the terminated members by issuing to notice for the same.
The President of the RMV Club shall intimate -alh-. _ the terminated member about the actions taken-aguins! them forthwith and compliance madé therein, The Members terminated are vs below oma K.R.Nataraj PN O54.
Dr.Rajanna 7 PR OLB Sridar (Solar) PS 200 Govindappa. . 8 PG OIG.
whe dB
5. Dr.Somsundar-Murthy : PS 125.
6. D.D.Prasade POLO Gopr | os PG 002 "A. MJagadish > PI 004 . Copaiishna:. PG 007
10. Dev varaj so PD 037"
wee oO:
leis sass ss the ee did not indicate the members who were | involved or the misconduct that was me attributed to.each of those members. In the absence of any such © details, it. is inexplicab le that the Executive Committee has proceeded. to. pass detailed resolutions as if there was an inquiry in respect of the allegations made and findings were alse. aitived at. Therefore. the entire procedure adopted by the '-appellants was in gross violation of princ iples of natural justice a eZ and it could not be said that the findings were supported by any semblance of evidence.
2. The learned Senior Advocate, Shri -S.S.Ramidas,.. appearing for the counse! for the appellants. would-yet.contend that though it appears that-there was. ne. evidence recorded © preceding the impugned orders of punishment, the fact remains that the suit was contested at length and evidence was tendered on behalf of the appellants: before. the court below and the respondents berein had, armple. eppertunity to meet those allegations and the evidence ihat-was tendered. Therefore, it cannot be said that there. Wwas-violation of principles of natural justice in addressing the cise against the respondents and would o hence plead that the lapse, if any, apparent from the record be SN waived . as "would be the case in labour and service jurisprudence, where even in the absence of evidence at the ~.. demestic inquiry, it is possible to supply the lacuna before the competent court or authority, as is the case in the present situation and hence would seek to press into service such an charges against any of the named " members in othe recommendation and hence it would not explaii ihe. resolution 7 and the basis on which it wais. passed by the, Executive Committee, in which "event, the: Bxevutive Committee has gathered material as ir were, without the. respondents being placed on HoLICE of any suc ch-me: asure 'having been taken by the Executive -Commitiee -aind lie "same being sought to be sustained before t the trial count, was therefore, an exercise in given an opportunity of > fae wheti.the réspGndénts were not a ~ = oD = os dete ding themse Ives, except before ial court where they ~ are. taken, by" total surprise of the alleged evidence that was tendered agdinst them. In that view of the matter, it cannot be 'sald that the trial court was in error in having accepted the case of the 'espondents insofar as the illegality of the orders of rok termination from the Club is concerned. However, having regard to the vehemence, with which the learned, "Senior Advocate would plead, especially, as regards the 'apprehension:
of the management of the contindéa mis-behaviour by the respondents, it would be in the inverést of justice, to atleast, permit the management to hold ai inquiry ite accordance with the Rules, namely, the recommending Managing Committee of the second appellant would, necessatily "have to conduct an inquiry with due'vegard to the principles of natural justice and follow | such procedure" as may be made known to the respondents and after obtaining evidence in support of the allegations, if aiiy, "which, are again not forthcoming against individual respondents. take such action as may be permitted tinder the Rules. In the meanwhile, however, to continue to keep the respcndents under suspension indefinitely, when they have - béen denied the facilities of the club while they were andér suspension since the year 2005, would certainly result in 3 mequity, in they being kept out of the club, notwithstanding 16 that they have been absolved of the alleged misconduct before the trial court. As already pointed out, in the face ot. lack of material to sustain the charges against the "soem oe absence of material evidence in hea Specuy Sy of the respondents are said wre Medical Professionals and others possibly are also well- p laced ai nd if would' have a telling effect on their reputation, if they are teibe treated as common criminals, which appeass 10 be the en deavour of the learned Senior Advocate', However: it is algo to be taken note of that the second appell lant is + Si jul Club and it is necessary for its members 10 maint 1a nc j vily 'and not give rise to acrimony and unre ily incidents, whic! would again tarnish the image of the . Cleb and: sree a very unpleasant situation in the Club itself, there sby eating agony and suffering to others, who are entitled to 1 aide atmosphere. Hence, the respondents are cautioned
- that "they shall not, by virtue of the present appeal being __ disposed of by this judgment, take advantage of the same and £) create any unpleasantness in the Club. On the assurance of the learned counsel for the respondents that the apprehension 'of the learned Senior Advocate is misplaced and that there shali-be.no | respondents, the judgment of the trial court is confirmed: The. respondents, therefore, shall bein' a position to continue as members of the Club, subject 'to the result of the proceedings, which the appellants shall undertake in' line with the observations rad¢-hereinabove. _ In view of che above, the appeal stands dismissed.
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