Case Summary
The plaintiff, Satheesh Charly, seeks a declaration regarding his membership status in The Calicut Cosmopolitan Club after being expelled. The defendants argue that he was suspended and subsequently expelled for repeated misconduct.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, confirming that the plaintiff is not a member of The Calicut Cosmopolitan Club.
Key Reasoning:
The court found that all procedures were duly followed regarding the plaintiff’s expulsion.
The court found that all procedures were duly followed regarding the plaintiff’s expulsion.
Why Defendant Won:
The court found that all procedures were duly followed regarding the plaintiff’s expulsion.
The court found that all procedures were duly followed regarding the plaintiff’s expulsion.
Supporting Evidence
On meticulous evaluation of the evidence tendered by PW1 and DW1, it was found that the proceedings which led to the suspension and expulsion of PW1 have complied with all formalities.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Satheesh Charly
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Calicut Cosmopolitan Club
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tony Mathew
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of Bye-laws of management committee of Calicut Cosmopolitan Club, Show cause Notice issued by Secretary Calicut Cosmopolitan Club to Sathish Charly, Suspension notice (Original).
Defendants Documents
Minutes book of the Calicut Cosmopolitan Club, Show cause notice sent by Secretary to Sathish Charly.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.V. Pradeep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.N. Sreenivasan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration that the notice of suspension is null and void.
Evidence:
The court held that the plaintiff is not entitled to a decree for declaration.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a consequential injunction against his expulsion.
Evidence:
The court found that the plaintiff's claims were denied and that he was not entitled to any injunction.
Documents & Evidence
Document Type:
Byelaw of the first defendant club
Submitted By:
Plaintiff
Relevance:
Relied upon by the plaintiff to prove claims regarding membership and suspension.
Reference:
Ext.A1
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
Issued to the plaintiff calling for an explanation regarding misconduct.
Reference:
Ext.A2
Document Type:
Reply of notice
Submitted By:
Plaintiff
Relevance:
Plaintiff's response to the show cause notice.
Reference:
Ext.A3
Document Type:
Reply of notice
Submitted By:
Defendant
Relevance:
Response from the Secretary of the club to the plaintiff's notice.
Reference:
Ext.A4
Document Type:
Reply of notice
Submitted By:
Plaintiff
Relevance:
Further response by the plaintiff to the Secretary's notice.
Reference:
Ext.A5
Document Type:
Suspension Notice
Submitted By:
Defendant
Relevance:
Official notice issued to the plaintiff regarding his suspension.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from the Secretary to the plaintiff extending suspension.
Reference:
Ext.A7
Document Type:
Minutes Book
Submitted By:
Defendant
Relevance:
Documented proceedings of club meetings related to membership and decisions regarding the plaintiff.
Reference:
Ext.B1
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Page from minutes documenting a meeting held on 18.2.2017.
Reference:
Ext.B1(a)
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Page from minutes documenting a meeting held on 4.07.2018.
Reference:
Ext.B1(b)
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Page from minutes documenting the decision of the Managing Committee to expel the plaintiff.
Reference:
Ext.B1(c)
Document Type:
Show Cause Notice
Submitted By:
Defendant
Relevance:
Issued to the plaintiff for his actions during his membership.
Reference:
Ext.B6
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notifying the plaintiff of his expulsion from the club.
Reference:
Ext.B8
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Mismanagement of club affairs
Case Code
Case between Satheesh Charly vs The Calicut Cosmopolitan Club et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Satheesh Charly vs The Calicut Cosmopolitan Club et al regarding declaration and permanent prohibitory injunction