: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.987 OF 2008 IN NOTICE OF MOTION EXHIBIT-2 IN S.C. SUIT NO.1681 OF 2008 WITH CIVIL APPLICATION NO.1200 OF 2008 Shri Mago Gurprit Singh ..Appellant. Vs. Khar Gymkhana & Ors. ..Respondents. Mr.H.S.Anand i/b.Ms.Sarita Dande for the Appellant. Mr.Anil Singh with Mr.N.S.Ghag i/b.Ms.Ram Ugrah Singh for Respondent no.3. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 30TH SEPTEMBER, 2008 DATED : 30TH SEPTEMBER, 2008 DATED : 30TH SEPTEMBER, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. I am inclined to interfere with this order only with a view to grant the Appellant an opportunity of presenting his case before the Respondent. I express no views on the merits of the dispute. 3. The Appellant’s membership had been terminated on the ground that when he made an application for membership he made a false declaration that one Jasmeher Singh Mago was his son. The Appellant’s contention is that he was an adopted son; that the : 2 : adoption was by a deed dated 5.8.1998 and the said adopted son was the only son of the Appellant’s brother. 4. It is contended that the adoption is void in law. Even assuming the same to be so, it would be necessary for the Respondents to consider whether the drastic action of cancelling membership ought to be taken. That would depend upon the facts of the case such as whether the declaration was false or whether it was under a mistaken impression on a question of law. 5. It appears that the Appellant did not get an adequate opportunity to present his case. That the show cause notice was served on the Appellant is not denied. However, the Appellant has described in detail the reasons why he was unable to reply to the same or to appear before the Respondents. The reasons pertain mainly to the medical treatment that his mother was undergoing. 6. Instead of adjudicating on the correctness or otherwise of this, the ends of justice will be served by granting the Appellant, in the facts of the present case, an opportunity of presenting his : 3 : case before the Respondents and directing the Respondents to take a fresh decision. 7. In the circumstances, the Appeal from Order and the Civil Application stands disposed of by the following order :- i) The order terminating the Appellant’s membership is set aside. ii) The Appellant shall be entitled to reply to the show cause notice on or before 31.10.2008. iii) The Appellant shall appear before the concerned Committee of the Respondent in the first instance on 15.11.2008 at 3.00 p.m. and thereafter as directed by the Committee. iv) It is made clear and it is agreed by the Appellant that in the meantime the Appellant shall not be entitled to avail of the facilities of the club as a member or otherwise. 8. Appeal from Order disposed of accordingly. : 4 : Nothing survives in the Civil Application which also stands disposed of. The suit before the trial Court is also disposed of.