: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.196 OF 2008 IN NOTICE OF MOTION NO.1639 OF 2007 IN S.C.SUIT NO.1462 OF 2007 Dilip V. Shah ....Appellant V/s. Garware Club House & Ors. ....Respondents Mr.Anil Singh with Mr.D.R. Shah for the Appellant. Mr.Vineet B. Naik i/b M/s.Dhruve Liladhar & Co. for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATED : 31ST MARCH, 2008. P.C. : 1. The stand of the Respondents in respect of Exhibits "C" to "H" has been challenged both before the learned Judge of the Bombay City Civil Court and before me. One of the motions proposed by the Appellant was Exhibit "C" to the plaint. The proposers of that motion desire to limit the period of the members of the Managing Committee to three years instead of presently stipulated period of five years. 2. There is no dispute that such a motion can fall for consideration at the A.G.M. under Article 41 : 2 : provided the same is made in accordance with the articles of association of the company. There is nothing to suggest that if such a motion is proposed, it would not be considered by the company. In any event it is ordered and directed that if the motion in this regard is duly proposed in accordance with the articles of association, the same shall be considered at the next A.G.M. of the company. 3. As far as the other motions are concerned, I see no reason to interfere at this stage. The matter must await the final hearing of the suit. If there is any defalcation on the part of the members of the Managing Committee, the Appellant is always at liberty to adopt proceeding in this regard thereto also in accordance with law. 4. The Appeal from Order is accordingly disposed of.