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TMI Blog1975 (8) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... maintain law and order, with the result that the races had to be cancelled, much against the will of the members of the committee. The elected members were very much annoyed by the inaction of the police, and they passed a resolution on 8th December 1973, the effect of which was the subject matter of the suit instituted by the plaintiff. 3. The plaintiff contending that the elected members have tendered their resignation by their resolution dated 8th December 1973, and therefore have no right to remain as committee members and take part in the subsequent meetings, brought a suit for declaration that they have ceased to be the committee members as well as Stewards with effect from 8th December 1973. He has also sought for permanent injunction to restrain them from exercising powers as committee members and Stewards. Lastly, he has prayed for a direction to the Company to call for an extraordinary general body meeting for the purpose of filling up the casual vacancies caused as a consequence of the resignations of the elected members. Interrupting the narration, I have to refer to some more events that followed after the resolution dated 8th December 1973. The Secretary to Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their resignations on 8th December, 1973. but not defendant-6. He also held that the resignations became immediately operative and could not have been withdrawn on a subsequent date, as it was done by the defendants. He said that defendant-6 was not a party to the resolution dated 8th December, 1973 and therefore could not be said to have resigned. He further observed that under Art. 37 of the Memorandum and Articles of Association of the Company, defendant-6 could co-opt. the club members in the vacancies that were caused on the resignations of the defendants and the summer meeting of the races could be managed by the present committee by filling up the vacancies by such co-option. Lastly, the learned Judge said that the plaintiff as a share-holder, has a right to maintain himself in full membership with all the rights and privileges appertaining to that status and has got a right to complain against the usurpation of the office by defendants 2 to 5 and 7 to 10 and not granting an injunction would cause more injury to the plaintiff and the Company, than by granting injunction. 5. The plaintiff, aggrieved by the vacating of the injunction against defendant-6 and the observation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se favour the balance of convenience lies. A man who seeks the aid of the court by way of interlocutory injunction must, as a rule, he able to satisfy the Court that its interference is necessary to protect him from that species of injury which the Court calls irreparable, before the legal right can be established upon trial. The Court must pertinently put the question, Will the plaintiff suffer irreparable damage if no injunction is granted now? Last but not the least the Court always must look to the conduct of the plaintiff and will refuse to interfere even in cases where it acknowledges his right unless his conduct in the matter has been fair and honest and in particular without acquiescence or delay. 9. In this case, even if I start off with a prima facie case, which is the essential prelude to the granting of interlocutory relief, it seems to me, that the plaintiff has failed to tilt the balance of convenience in his favour. The opinion to the contrary expressed by the Court below, is not only arbitrary but also on the erroneous approach to the merits of the matter. The reasons in support of the conclusion of the Court below, if I may summarise, are these: First, it proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. This takes me to the last ground found favour with the lower Court to tip the balance of convenience in favour of the plaintiff. It was said that the remaining five Directors could effectively manage the affairs of the Company. Among them, one is the elected member whose case is also under credible dispute in the suit as to whether he has resigned along with other defendants or not. The remaining four are nominated members. It was urged for the appellant that the business of the Company is such that it cannot be carried on by nominated members alone. They cannot find time due to their official pre-occupation. This aspect of the case pleaded by the Company in the affidavit filed by its Secretary, was not at all considered by the lower Court. I agree with learned Counsel, that racing being a highly technical matter, it would be difficult for the official nominees to carry on the functions and duties of the Company without the advice and assistance of the other experienced elected members of the committee. 12. It is thus seen that all the grounds upon which the lower Court has shifted the balance of convenience in favour of the plaintiff are either doubtful or untenable. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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