Case Summary
The plaintiff, M/s Landmark Builders, seeks a declaration that it is entitled to nominate 10 persons for the use of the defendant’s facilities for the lifetime of the firm. The defendant, M/s Regional Sports Centre, has made amendments to the membership rules limiting rights which the plaintiff claims violate the original membership agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is declared entitled to nominate 10 persons and enjoy rights as an Institutional Member without further payments.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The amendments made by the defendant were found to be legally unsustainable against the plaintiff's vested membership rights.
The amendments made by the defendant were found to be legally unsustainable against the plaintiff's vested membership rights.
Judgment Evidence:
In the result, the suit is decreed, and the plaintiff is hereby declared to be entitled to nominate 10 persons at any given point of time during the legal existence/lifetime of the plaintiff firm...
Parties Involved
Plaintiffs
M.Harigovind (62 years)
Govind Apartments, Kalathiparambil road, Kochi – 682 016
Defendants
M/s Regional Sports Centre (Age not specified years)
Kadavanthara, Kochi – 682 020
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Entitlement for the plaintiff to nominate 10 persons during the lifetime of the firm.
Evidence:
The plaintiff is hereby declared to be entitled to nominate 10 persons at any given point of time during the legal existence/lifetime of the plaintiff firm.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the defendant from interfering with the plaintiff's rights and privileges.
Evidence:
Defendant, its officers, men and agents are restrained from interfering with the plaintiff’s enjoyment of rights and privileges available to it and its 10 nominees.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff shall be entitled for the costs of the suit.
Evidence:
I find no reason to deviate from the normal rule that costs shall follow the event.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Authorization of the Managing Director of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Original registration certificate
Submitted By:
Plaintiff
Relevance:
Original registration certificate of the plaintiff firm.
Reference:
Ext.A2
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
True copy of the partnership deed.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
True copy of the letter issued by the plaintiff firm to the president of the defendant.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by the Secretary of the Defendant to the plaintiff firm.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by the Secretary of the Defendant to the plaintiff firm informing about the membership expiry.
Reference:
Ext.A6
Document Type:
Whatsapp Message
Submitted By:
Plaintiff
Relevance:
Printout of the WhatsApp message with 65B certification.
Reference:
Ext.A7
Document Type:
Cheque Leaf
Submitted By:
Defendant
Relevance:
Cheque leaf issued by the defendant for an amount of Rs.3,200/-.
Reference:
Ext.A8
Document Type:
Membership Application
Submitted By:
Defendant
Relevance:
Original application for membership submitted by the plaintiff firm.
Reference:
Ext.B1
Document Type:
Bye-law Compilation
Submitted By:
Defendant
Relevance:
True copy of the compilation of original bye-law and subsequent amendments.
Reference:
Ext.B2
Document Type:
Amended Bye-law
Submitted By:
Defendant
Relevance:
The amended bye-law of the defendant.
Reference:
Ext.B3
Document Type:
Minutes of the meeting
Submitted By:
Defendant
Relevance:
True copy of relevant minutes of the executive committee meeting.
Reference:
Ext.B4
Document Type:
Minutes of the AGM
Submitted By:
Defendant
Relevance:
True copy of relevant minutes of the AGM.
Reference:
Ext.B5