Law: Specific Relief Act, 1877

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

(a) Specific Relief Act (I of 1877)-- ----S.54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Interiminjunction, grant of---Club facilities---Temporary membership, withdrawal of---Injunction and recovery of monetary claim---Scope---Plaintiff depositeda heavy amount and had become temporary member of the Club providing water sports facilities---Pending consideration of application, nominees of plaintiff-company were allowed to use all Club facilities including club house who were also permitted to moor plaintiff's yacht at the club---On the allegation of misconduct, the Club administration suspended temporary membership of plaintiff---Plea raised by defendant was that plaintiff was not entitled to injunction as it had also made monetary claim---Validity---Monetary claim made. in suit was in respect of injury and damage allegedly caused to plaintiff on account of allegedly unlawful arrest and detention of security guards, whereasinjunctive relief sought was related to the order of suspending the use of club facilities by plaintiff---Two reliefs sought by plaintiff were distinct although both had arisen of out of the same incident---Claim for monetary compensation did not, therefore, bar the claim for injunctive relief---Basic purpose for whichthe Club was set up was to enable its members to enjoy water sports, such as boating, sailing and yachting---Applicant for membership of the Club must own a boat unless special exemption had been granted by Executive Committee of the Club---Plaintiff-company owned a boat, which was moored at the club and for which plaintiff used club facilities---Yacht was expensive, both to own and to maintain, therefore, balance of convenience law in favour of plaintiff in allowing it to use Club facilities for the purpose and to the extent of yacht; as it was not easily possible for plaintiff to shift its yacht on permanent basis to some other facility, irreparable loss and injury might be caused to it if it was not allowed to use the Club facilities to such extent---High Court suspended the order passed by Club administration suspending club facilities of plaintiff---Application was allowed accordingly.? D.M. Malik v.…

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