Manu Dadlani vs Khar Gymkhana And Ors And Ashok ...
2022 Latest Caselaw 8391 Bom

TAUSEEF
LAIQUEE
FAROOQUI
Digitally signed by                                                      905-IA.L.28477.2021.doc
TAUSEEF LAIQUEE
FAROOQUI

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.08.26
17:42:15 +0530

                                ORDINARY ORIGINAL CIVIL JURISDICTION

                              INTERIM APPLICATION (L) NO.28477 OF 2021
                                               WITH
                              INTERIM APPLICATION (L) NO.30336 OF 2021
                                                IN
                                     SUIT (L) NO.28463 OF 2021

                      Khar Gymkhana & Ors.                      ...Applicants/Plaintiffs
                                 Versus
                      Shyam G. Shroff & Ors.                    ...Defendants

                                                 WITH
                                  INTERIM APPLICATION NO.921 OF 2022
                                                   IN
                                       SUIT (L) NO.28463 OF 2021
                                                  -------

                      Mr. Vibhav Krishna with Tahir Prande, i/b. Juris Consillis for Defendant
                      No.1.
                      Mr. Malcolm Siganporia a/w. Mr. Hormuz Mehta and Mr. Ahsan Allana
                      i/b. M/s. J. Sagar Associates for the Defendant Nos.2 to 11 and 13 to 29.
                      Rohit Gupta, i/b. Glenn A.F. Mendonca for Defendant No.12.
                      Mr. Karl Tamboly with Declan Fernandez, i/b. Purazar Fouzdar for
                      Respondents / Defendant Nos.30 to 33.
                                                          -------
                                                      CORAM :           R. I. CHAGLA, J.

                                                   DATED        :     25th AUGUST, 2022.

                      P.C.

1. Upon the Judgment and Order being pronounced today,

the learned counsel appearing for the Applicants/Plaintiffs has

requested for continuation of para 17(ii) of the order dated 17 th

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December 2021. By the said order, though the meeting dated 19 th

December 2021 was permitted to be held, it was provided that in the

event the members present and entitled to vote at the Annual

General Meeting, vote for removal of all Co-Trustees and

appointment of new Co-Trustees in their place, the functioning of the

new Co-Trustees appointed, would be restricted as provided in para

17 (ii) of the order dated 17th December 2021.

2. Having considered the Application for continuation of

para 17(ii) of the order dated 17 th December 2021, in my view, there

is no merit in the Application, in view of the fndings in the

Judgment/Order dated 25th August 2022. Further, the order dated

17th December 2021 was passed prior to the meeting being held. In

view of the fndings now arrived at in the Judgment and Order

passed disposing of the Interim Application which holds that the

decision taken by the Gymkhana and its members at the said

meeting dated 19th December 2021, to remove all the Co-Trustees

and appoint new Co-Trustees is in conformity with the rules and

constitution of the Gymkhana and/or the trust deed, the Application

is rejected.

                                                    (R. I. CHAGLA, J.)



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