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
The court declared that the plaintiff is entitled to nominate 10 persons during its legal existence and restrained the defendant from interfering with these rights without additional payment or renewal.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The amendments... curtailed the rights of the plaintiff which were not legally applicable retrospectively due to the vested rights established at the time of original membership in 1993.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Landmark Builders
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Regional Sports Centre
- Relation
- Represented by
Plaintiffs Documents
Original application for membership, letter requests, whatsapp message screenshot, cheque leaf
Defendants Documents
Original application for membership, compilation of original bye-law with amendments
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil S Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Radhika Rajasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anila Peter
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Simi S Ali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S.Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aleena Maria Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ardra Krishna M
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violations of membership agreement
Case Code
Case between M/s Landmark Builders vs M/s Regional Sports Centre regarding declaration and permanent prohibitory injunction
Case Code Year
Case between M/s Landmark Builders vs M/s Regional Sports Centre regarding declaration and permanent prohibitory injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt