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TMI Blog2008 (9) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... ubject to the rules thereof. - CS(OS) 1863 OF 2008 - - - Dated:- 9-9-2008 - RAJIV SAHAI ENDLAW, J. Sandeep Sethi and Ujjwal Jha for the Petitioner. Neeraj K. Kaul and Akhil Sibbal for the Respondent. JUDGMENT 1. Owing to the urgent nature of the relief claimed, short notice was issued to the defendant. 2. The defendant is a company within the meaning of section 25 of Companies Act. The plaintiff claims to hold two membership of the defendant company. The plaintiff has instituted this suit for permanent and mandatory injunction, inter alia, on the ground that the defendant has treated 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the resolution is to be moved, but that in the event of his not availing of this opportunity or general body not accepting his explanation, there shall be not question with regard to the validity and effectiveness of a resolution passed in the manner laid down." 4. The Senior Counsel for the defendant has urged that the plaintiff has indulged in falsehood and is thus not entitled to the discretionary relief. Reliance in this regard is placed on S.P. Chengalvaraya Naidu v. Jagannath [1994] 1 SCC 1 and Satish Khosla v. Eli Lilly Ranbaxy Ltd. [1998] 44 DRJ 109 (DB). It is averred that the plaintiff has in para 7 of the plaint falsely stated that he had sent the subscription for the year 2008-09 under cover of letter dated 4-6-2008. The original letter dated 4-6-2008 of the plaintiff to the defendant has been produced alongwith envelope to demonstrate that the same bore the postal stamps of 16-7-2008 only and has been received by the defendant on 16-7-2008 itself, i.e., after the date when the plaintiff in accordance with the Articles of Association ceased to be a member. 5. It is next contended on behalf of the defendant that as per the documents filed by the pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. v. Harmishan Dass Lukhmi Dass [1995] 58 DLT 285 to contend that under Order 7 Rule 7 CPC, relief not specifically asked for can be granted. 10. As far as the argument of Senior counsel for the defendant with respect to the plaintiff having 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 the subscription on 4-6-2008 and would have believed the letter to have been dispatched one or two days before 16-7-2008 only. However, the envelope produced by the defendant also bears the stamp of 4-6-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e payment of such contribution only." 13. In my view, the contention of the Senior Counsel for the plaintiff is correct that the use of the expression "may" in the aforesaid Article does not intend to vest any discretion to the defendant to readmit or not to readmit a member whose membership has ceased under Article 8( d ) or 8( e ). The only requirement is of payment of the subscription and of readmission fee and if Article 8( e ) is applicable, also such other expenses which the Executive Committee may levy. There is no power vested in the defendant under its Articles to refuse or deny readmission upon the member tendering the subscription, readmission fee and other incidental expenses, if any. Under Article 10 it is a right of member to "have his membership restored" on complying with the conditions thereof. 14. As aforesaid, it is admitted position that in the past, such issues of readmission were not referred to any Sub-Committee. Even if, the same are to be referred to any Sub-Committee, I do not find any justification for the said Sub-Committee to not take a decision on the readmission immediately and/or well before last date to file nomination for the election to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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