9911796707
TMI Blog2008 (9) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... ted both the membership of the plaintiff to have ceased on the ground of the plaintiff having not paid his subscription; that the elections of the defendant have been announced to be held on 19-9-2008 and nomination of the election has to be filed at least seven days prior to the election; that the plaintiff in accordance with the Articles of Association of the defendant had tendered the subscription fee along with an additional Rs. 500 required to be paid, but the defendant has not restored the membership of the plaintiff and has on the contrary referred the matter to Sub-Committee, intentionally with a view to debar the plaintiff, who has in the past been contesting the elections to the committee of the defendant, from doing so. The plain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , bye-law, regulation, ruling, resolution or decision of the Society which is passed as binding upon all members and a dissolution having been passed by a majority by a three-fourth of the members of the Society at a general meeting that such member shall cease to be a member. The Executive Committee, however, shall have the power to suspend a member pending final decision by the general body : Provided that before a dissolution is passed as laid down either under clause 8(e) or (f ) ante, an opportunity shall be given to the member concerned to appear and explained his position with regard to the point in issue at a general meeting/Executive Committee meeting, as the case may be, at which the resolution is to be moved, but that in the eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying their subscriptions on time and were coming at the last minute before the election for payment of their subscription. The defendant has also handed over a list of documents alongwith photocopy of documents showing compliance of the procedure prescribed in Article 8, i.e., of issuance of three reminders and reminder by Registered Post AD to the plaintiff. The said list of documents also contains at page 10 a decision of the Executive Committee on 10-7-2008 to refer the cases of applications for restoration of ceased membership to the Sub-Committee constituted earlier, as aforesaid. 6. It is contended that as per the Articles, the membership terminated automatically on 1st July of the year for which the subscription had not been paid. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving practiced falsehood is concerned, a perusal of the letter dated 4-6-2008 alongwith its envelope handed over in the court and which is now taken on record shows the envelope to be in fact bearing a postal stamp of 4-6-2008 also, though, it undoubtedly also bears a postal stamp of 16-7-2008. A postal article ordinarily bears the stamp of both, dispatching and the receiving post office. Normally, an Article sent by post under certificate of posting within the city would not take such a long time but the fact remains is that the envelope does bear the stamp of 4-6-2008, on which the plaintiff claims to have dispatched the said envelope. I would have been reluctant to believe the UPC produced by the plaintiff in proof of having dispatched t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that unlike Articles/rules of the several bodies which provide for the subscription/membership charges to be paid/deposited by a cut-off date to enable participation in the elections, there is no such rule/article of the defendant. Article 8 provides for the subscription of the ensuing year to be paid by 31st March and upon failure to do so upto 30th June in spite of three reminders, last of which should be by registered post, the membership is to cease automatically with effect from 1st July. Article 8(e) provides for the payment of the expenses of the society leviable as decided by the committee, besides the payment of subscription and admission fee. Article 10 is as under : "A member losing his membership for the non-payment of his d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation for the election to the committee of the defendant. Such contact on the part of the defendant which ought to, in these matters, take a fair and unpartisan stand, without favouring any member or group, definitely deprives the plaintiff from participating in the ensuing election to the committee of the defendant. 15. The plaint and the application are definitely not drafted in the best possible manner in which they ought to have been. However, the plaintiff ought not to be deprived of any relief to which he would otherwise be entitled to but for the error, if any of the agent employed by him. Suits for injunction are always drafted in a hurry in a race against time, whereafter the suit would be infructuous. Lawyers also cannot be total ..... X X X X Extracts X X X X X X X X Extracts X X X X
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