-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 230 OF 2009 IN NOTICE OF MOTION NO. 3549 OF 2008 IN SUIT NO. 2915 OF 2008 Vaishali Mihir Shah ... Appellant versus Aakash Lavlesh Leisure Pvt. Ltd. And another ...Respondents. Mr. V.V. Tulzapurkar, Senior Advocate, instructed by Mr. Bhavesh Parmar for the appellant. Mr. D.D. Madon, Senior Advocate, with Mr. T.N. Subramanian, Senior Advocate, and Mr. Chetan Kapadia, instructed by M /s. Lilani Shah & Company, for the respondents. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: NOVEMBER 30, 2009. P.C. Mr. Tulzapurkar, learned senior counsel, after taking instructions from his client, submits that neither the appellant nor her husband is at present a member or office-bearer of Club Millennium Member Association alleged to have been formed by any member of Juhu Club Millennium. Mr. Tulzapurkar further states that the appellant and her husband undertake that all police complaints filed against the office-bearers as well as against the club shall be withdrawn and that the appellant may be continued as a member of the Club. If the appellant enrols as a member, she will act in the interest of the club and will -2- act as a good member of the Club. He further submits that whatever be the arrears towards subscription of the club, the appellant is ready and willing to clear the same immediately, if the amount payable is disclosed to her. He further submits that the appellant may be treated at par with other members of the club and no step-motherly treatment should be given simply because the appellant has approached the Court to ventillate her grievance. Mr. Tulzapurkar has submitted that, in order to solve the present controversy the aforesaid statement has been made and it should not be treated that the appellant has admitted regarding her behaviour in the past and whatever has been stated by the appellant herein shall be subject to her rights and contentions in the proceedings. 2. Mr. Madon, learned counsel appearing for the respondents, submits that he will take appropriate instructions from the office-bearers of the Club in this behalf and the stand of the Club will be made clear before this Hon’ble Court as to whether the appellant now can be enrolled as a member in view of her statement, through learned counsel, before this Court. At the joint request of the learned counsel appearing for the parties, adjourned to 14th December, 2009. P. B. MAJMUDAR, J. R.V. MORE, J.