NIZAM CLUB Vs. JAYANTHI LAL GOEL
LAWS(APH)-2008-11-100
HIGH COURT OF ANDHRA PRADESH
Decided on November 03,2008

NIZAM CLUB Appellant
VERSUS
JAYANTHI LAL GOEL Respondents

JUDGEMENT

- (1.)THIS Civil Revision Petition is directed against the order, dated 19-1-2005, passed in O. P. No. 3081 of 2003 on the file of the XIV Additional Chief Judge, City Civil Court, Hyderabad, wherein and whereby the application filed under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking to set aside the resolution, dated 5-12-2003, passed by the Managing Committee of the petitioner-club removing the name of the respondent from the membership roll and for declaring the resolution as null and void was allowed.
(2.)LEARNED counsel appearing for the petitioner-club contended that the respondent committed default in payment of membership fee of more than Rs. 2,000.00 and that as per the Rules of the petitioner-club, there is (sic. no) other option, but to expel the membership of the respondent and the resolution of the Managing Committee, dated 5-12-2003, is completely in accordance with the Rules governing the maintenance of the club and therefore, he prays to set aside the impugned order.
On the other hand, learned counsel appearing for the respondent contended that due to ill-health, there was default in payment of membership fees and that the membership fee has been paid subsequently; that the respondent was a member of the petitioner-club for the last 20 years and on earlier occasions, there was no default in payment of membership fee, therefore, the impugned order does not suffer from any infirmities so as to call for interference by this Court.

(3.)IT is not in dispute that the respondent was declared as defaulter for three times, therefore he ceased to be a member of the petitioner-club. After passing the resolution, dated 5-12-2003, admittedly, the respondent paid the entire amount due to the petitioner club. Ex. B-1 is the Bye-laws of the petitioner - club. Ex. B-2 is the Rules of the petitioner- club.


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