Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: COVID-19
CS no.282/21
Major General Retd W S Chona VS Anand Niketan
06.08.2021
Present: Sh. Rama Shankar, Ld. Counsel for plaintiff present
through VC.
None for defendants.
Ld counsel for plaintiff submits that matter has been fixed
for 12.00 noon.
Be awaited.
(MUNISH MARKAN)
Additional District Judge-03
Patiala House Courts, New Delhi
06.08.2021
(At 12.00 noon)
Present: Sh. Rama Shankar, Ld. Counsel for plaintiff present
through VC.
None for defendants.
The Court has asked the Ld counsel for plaintiff to call
the defendant counsel. Ld counsel for plaintiff also called him twice
despite that defendant counsel is not appeared and cited connectivity
issue. It is already 1.00 pm.
Contd...2/-
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Major General Retd W S Chona VS Anand Niketan
Arguments heard at length from Ld counsel for plaintiff.
Ld counsel for plaintiff is requested to again call to
defendant counsel and inform him that matter shall be taken up by
2.00 pm sharp again.
(MUNISH MARKAN)
Additional District Judge-03
Patiala House Courts, New Delhi
06.08.2021
(At 2.00 pm)
Present: None for plaintiff.
Sh. Rajiv Vij, Ld. Counsel for defendant present through
VC.
Certain documents along with list were filed by defendant
counsel through Email today itself with CC to Ld counsel for plaintiff.
Arguments heard at length from the Ld counsel for
defendant as well on the interim application.
Plaintiff has filed the present suit being aggrieved by the
letter dated 23.04.2021 whereby the membership of the plaintiff from
the defendant no.1 RWA was terminated. The case of the plaintiff is
that he is one of the life members of the defendant no.1 association
and has played active role for the welfare of the residents of the
Contd...3/-
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CS no.282/21
Major General Retd W S Chona VS Anand Niketan
colony. In the past, the plaintiff had filed complaints before the
Registrar of Societies against the violation of the rules and regulations
and eventually had filed a Civil Suit seeking direction to the
association to hold fresh elections as per printed rules of the year 2014
which is pending.
The grievance of the plaintiff is that in the Annual
General Meeting held on 14.03.2021, the defendants had passed the
arbitrary and illegal resolution directing the plaintiff to withdraw all
the cases filed by him against the defendant and its office bearers and
asked the plaintiff to give an undertaking in writing within seven days
for withdrawing all the complaints and cases against the defendant
no.1 association and its officials and in pursuance thereto, on the
failure of the plaintiff to withdraw those cases and complaints, vide
letter dated 23.04.2021, the membership of the plaintiff to the
association was terminated. It is alleged that the defendants acted on
their whims and fancies by passing illegal resolution. Ld counsel for
plaintiff had argued that elections of the society are scheduled to be
held on 08.08.2021 and, therefore, prayed for staying the operation of
the letter dated 23.04.2021 and for directing the defendants to restore
the membership of the plaintiff and to restrain the defendants from
obstructing the enjoyment of the benefits as a member of the
association and prays for consequential action.
Contd...4/-
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CS no.282/21
Major General Retd W S Chona VS Anand Niketan
On the other hand, Ld. counsel for defendants has
opposed grant of any interim relief submitting that show cause notice
was given to the plaintiff and three other persons as per the rules and
regulations of the association ANRWA under Clause 4 (c) (iii) vide
minutes of meeting dated 24.06.2019. Further on 20.07.2019, the
plaintiff had sought extension of time to submit his reply till
21.07.2019 which was granted whereas other two members had sent
their replies and one member tendered resignation. On 07.08.2019, the
executive committee among others considered the reply of the plaintiff
dated 26.07.2019 to the show cause notice and passed a reasoned
order whereby it directed the termination of the membership of the
plaintiff as well as two other members Sh. Sunil Suri and Smt. Sujata
Sood. He further submits that the plaintiff availed the remedy of
appeal as provided under Rule 4(e) of the rules and regulations of the
association which were considered in the General Body in its meeting
held on 14.03.2021 and the general body accepted apologies of the
other two members Sh. Sunil Suri and Smt. Sujata Sood and dropped
the proceedings against them but one Brig. Pamal Popli consulted the
plaintiff and announced and assured the members that the plaintiff
would give the undertaking that he would unconditionally withdraw
all the cases/complaints which he has filed in the Court/forums against
the defendants association and its officials and will not make such
Contd...5/-
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CS no.282/21
Major General Retd W S Chona VS Anand Niketan
complaints in future and the general body granted the said request and
also clarified that in case the undertaking is given, only then, the
termination proceedings against the plaintiff would be dropped
otherwise his membership shall stand terminated automatically. It is
submitted that since the plaintiff did not give any undertaking,
therefore, as a fallout of the decision of the general body, the letter
dated 23.04.2021 was issued as per the decision of the general body.
Ld counsel for defendant submits that the it was not any individual’s
decisions and proper opportunity was given to the plaintiff and it was
a decision of the general body at the AGM. He further argues that
plaintiff has formed another society with the name of ANOWA and
these acts were detrimental to the interests of the association and,
therefore, his membership was terminated under Clause 4 (c) (iii) by
the executive committee. Ld counsel submits that by forming a new
association, the plaintiff himself has done such acts which are
detrimental to the interest of the association and, therefore, he submits
that there is no illegality in the proceedings and argues that plaintiff is
not entitled to any interim relief.
Perusal of the documents filed by the Ld counsel for
defendants shows that the executive committee issued show cause
notice, among others, to plaintiff on 24.06.2019 and also gave
extension of time to file reply and eventually, vide minutes of meeting
Contd...6/-
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Major General Retd W S Chona VS Anand Niketan
dated 07.08.2019, the executive committee observed that the plaintiff
had raised the issue of centralized security of colony before different
authorities but failed and among others, the plaintiff has also admitted
being part of another association and membership of the plaintiff was
terminated, along with that of two other members.
Perusal of the reply dated 26.07.2019 filed by the plaintiff
to the show cause notice, in para 9, reflects that another society by the
name of ANOWA was registered to mitigate the problems of the
residents. Not only that, the plaintiff has not impugned the minutes of
the general body dated 14.03.2021 whereby the membership was
terminated if no undertaking was given. The letter dated 23.04.2021 is
the outcome of the said meeting dated 14.03.21.
In my considered opinion, from the minutes of meeting dated
14.03.2021 as well as the considering the conduct of the plaintiff that
he himself has already formed another association which itself
tantamounts to prima facie acting prejudicially to the interest of the
defendant association and in my considered opinion, no prima facie
case is made out at this stage to stay the operation of the letter dated
23.04.2021.
Written Statement/hard copy of the documents already
filed through mail be filed within prescribed period with advance copy
being supplied to the opposing counsel. Put up for completion of
Contd...7/-
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Major General Retd W S Chona VS Anand Niketan
pleadings, filing of admission/denial and framing of issues on
23.10.2021.
(MUNISH MARKAN)
Additional District Judge-03
Patiala House Courts, New Delhi
06.08.2021
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