- 1 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3278 OF 2025 (CPC) BETWEEN: KARNATAKA GOLF ASSOCIATION HAVING ITS REGISTERED OFFICE AT NO.1, GOLF AVENUE, KODIHALLI (OFF- HAL AIRPORT ROAD) P.B NO.817, BENGALURU-560 008 REPRESENTED BY ITS HONORARY SECRETARY MRS. ROOPA PRATHAP …APPELLANT (BY SRI. REGO L.P.E, ADVOCATE) AND: MR. ABHINAV LAL S/O CAPT. PRADEEP LAL AGED ABOUT 39 YEARS RESIDING AT NO.384, 16TH MAIN 3RD BLOCK, KORAMANGALA BENGALURU - 560 034 …RESPONDENT (BY SRI. ANANTH MANDAGI, SENIOR COUNSEL A/W SRI. V. SANJAY KRISHNA, ADVOCATE FOR C/R) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.15.02.2025 PASSED ON IA NOs.1 AND 2 IN O.S.NO.7759/2023 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-11 ALLOWING THE IA.NOS 1 AND 2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 THIS MFA HAVING BEEN RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT, DELIVERED/PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR CAV JUDGMENT (PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR) This Miscellaneous First Appeal is preferred under Order XLIII Rule 1(r) read with Section 103 of the Code of Civil Procedure, 1908, (for short, "CPC"), challenging the legality and correctness of the common order dated 15.02.2025 passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru City (CCH-11), in O.S.No.7759/2023 whereby, I.A.Nos. 1 and 2 filed by the respondent - Abhinav Lal, is allowed, granting him interim relief by restraining the appellant/Karnataka Golf Association (hereinafter referred to as "KGA"), from revoking the respondent's status as a "Permanent Member Elect" and further directing KGA to permit the respondent/plaintiff to continue availing the club facilities during the pendency of the suit. The appellant, being - 3 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 aggrieved by the said order of temporary injunction, has approached this Court. 2. The brief facts necessary for adjudication of this appeal are as follows: The respondents applied for permanent membership in the KGA on 28.05.2007 and paid an initial entrance fee of Rs.30,000/-. It is not in dispute, that the KGA maintains a long waiting list for new memberships, and the respondent's application matured for consideration in the year 2022, almost after 15 years of wait. The respondent was called for an interview on 22.11.2022 before the Managing Committee of the KGA. Upon evaluation, the Managing Committee, vide resolution dated 14.12.2022, designated the respondent as a "Permanent Member Elect", subject to the fulfillment of certain conditions within 1 year period ending on 13.12.2023. These conditions included, the requirement to attend golf clinics, coaching sessions, and obtain a - 4 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 certificate of proficiency, which were prerequisites for being considered for confirmation as a permanent member. 3. According to the respondent, he complied with all the prescribed conditions and obtained the necessary certificate of proficiency by 25.02.2023 from the KGA. However, prior to that, the KGA received an anonymous complaint alleging, that the respondent was facing serious criminal proceedings under the Protection of Children from Sexual Offences Act, 2012, (POCSO Act), pertaining to alleged offences involving his own minor daughter. The KGA on 23.05.2025 had sent e-mail enabling the plaintiff not to use facility of the Club with immediate effect and his membership would be reviewed after disposal of the cases filed against him. Based on this anonymous complaint, the KGA, by its communication dated 31.10.2023, suspended the respondent's status as "Permanent Member Elect", citing potential harm to other members and their children pending further examination of the matter. - 5 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 4. Despite representation submitted by the respondent and a letter by his father seeking re-consideration, the Managing Committee of KGA passed a final resolution on 31.10.2023, permanently revoking the respondent’s member’s "Elect" status. The respondent thereafter filed O.S.No.7759/2023 before the trial Court seeking a declaration, that the revocation of his member elect status was illegal, and in breach of the KGA's rules and bylaws. He also sought consequential relief by way of mandatory and perpetual injunction. In the interim, he filed I.A.Nos.1 and 2 seeking temporary injunction to restore his status and allow continued access to club facilities, which was granted by the learned trial Court. 5. Learned counsel for the appellant with all vehemence submits that, because of the complaint against respondent under the POCSO Act with regard to the sexual harassment of his own daughter, when the case is pending before the Sessions Court, as per the KGA rules, the order is passed suspending the said membership. Now the - 6 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 respondent/plaintiff cannot seek revocation of the same stuff. When the Management Committee of the KGA has taken unanimous decision to suspend his membership, the respondent ought not have opposed it and filed a civil suit. 6. In support of his submission, the learned counsel for the appellant took this Court to various provisions of the KGA, by-laws as well as some judgments of the Hon'ble Apex Court and other High Courts. He submits that, the learned trial Court is not right in allowing I.A.No.1. He also took this Court to various findings of the trial Court and the grounds made out in the appeal memo. He submits that, when the membership itself is not confirmed, the question of its revocation does not arise at all. He prays to allow this appeal. 7. As against this submission, the learned Senior counsel for the respondent/plaintiff supported the reasons assigned by the trial Court. He submits that, there is no - 7 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 rule as such in the by-laws that merely on the basis of a unanimous complaint the membership can be suspended. The respondent is not found guilty by any Competent Criminal Court. He further submits that, the rules never provide for such a suspension without affording an opportunity to the respondent to face an enquiry. No enquiry is conducted by the appellant. In support of his submission, he too relies upon some of the same judgments and submits that, there are no grounds to allow this appeal. 8. I have carefully examined the impugned order and rival submissions advanced in this appeal. It is trite that, in the matters involving grant of temporary injunction under Order XXXIX Rule 1 and 2 of CPC, the Court is required to examine i. Whether the applicant has made out a prima facie case? ii. Whether the balance of convenience lies in favour of the applicant? - 8 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 iii. Whether the applicant would suffer irreparable injury or harm if the injunction is not granted? These well established principles must be applied contextually and not in abstraction. 9. At the outset, the argument advanced by the appellant that, the status of "Permanent Member Elect", is merely conditional and non-vested, and that the Managing Committee has unfettered discretion to revoke such status at any stage, requires to be carefully scrutinized. It is true that private clubs such as the KGA are governed by their internal rules and by-laws, and the Courts must ordinarily refrain from interfering in their internal decisions unless a clear breach of statutory obligation, contractual promise, or principles of natural justice is shown. The Supreme Court in T.P. Daver v. Lodge Victoria, reported in 1962 SCC OnLine SC 47, relied upon by both the counsels, has categorically held that, "Court must not interfere with the domestic affairs of statutory associations. Except where - 9 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 their action is tainted by illegality, arbitrariness or malafide". However, it is equally well settled that, autonomy in self-governance is not a license to act in an arbitrary or discriminatory manner. Private associations must act reasonably, fairly and in accordance with the principles of natural justice. The right to associate also implies a corresponding obligation to treat members or aspirants with procedural fairness. 10. In the instant case, the respondent had waited for over 15 years for his membership to mature. He complied with all the procedural requirements restored by the KGA, including attendance at clinics and securing a certificate of proficiency, within the timeline fixed. His designation as "Permanent Member Elect", conferred on him and he has a legitimate expectation that, his application would be considered for confirmation in the absence of any violation of club rules. There is no evidence placed on record that, the club rules so framed and relied upon by both sides have been violated by the respondent. - 10 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 The revocation of his status, founded solely on an anonymous complaint and without affording the respondent an opportunity to explain or rebut the allegations, is manifestly contrary to the principles of natural justice. The maxim audi alteram partem, a pillar of fairness, requires that no person shall be condemned unheard. Even assuming that, the KGA is not a statutory body, it cannot act arbitrarily or violate elementary procedural safeguards while dealing with its members or prospective members. 11. It is equally pertinent to note that, the allegations against respondent under the POCSO Act are pending adjudication, and the presumption of innocence applies. The registration of an FIR or a pendency of a criminal case cannot, by itself, constitute valid ground for depriving a citizen of his rights, unless the concerned body establishes that, such a pendency would directly impact the safety or reputation of the institution. In the absence of any such finding, the revocation appears to be based on - 11 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 suspicion and public sentiment, rather than on concrete material. Article 6(2) of the European Convention on Human Rights (ECHR) establishes the principle of the presumption of innocence, stating that everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law. This means that the burden of proof rests on the prosecution, and the accused is not required to prove their innocence. 12. Now the contention of the appellant that, the respondent had fraudulently misrepresented his place of residence is a disputed question of fact, which cannot be summarily adjudicated at the interlocutory stage. Already the membership of the respondent is admitted by the appellant and a letter to that effect has been issued. The trial Court, in its wisdom, rightly deferred the determination of this issue to be decided during the trial. - 12 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 13. In my considered view, the grant of temporary injunction by the trial Court was neither perverse nor based on any irrelevant consideration. 14. The balance of convenience also tilts in favour of the respondent, after prolonged wait, had invested time, money, and effort into completing the requirements for membership. The denial of interim relief would cause irreversible injury to the respondent, including reputational damage and denial of the opportunity to enjoy the privileges for which he had waited over a decade. 15. On the contrary, the appellant’s concerns regarding the presence of the respondent on its premises can be addressed by imposing reasonable restrictions, if necessary, until the disposal of the suit. 16. Thus, the trial Court's decision does not suffer from any error, much less jurisdictional error or perversity, so far as to warrant interference in this appeal. This Court finds that the reasoning given by the learned trial Court is - 13 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 well founded in law and supported by well-established precedents. The interim relief granted is, infact, protective of the respondent's legitimate expectation and is aimed at maintaining status quo until the rights of the parties are conclusively adjudicated in the suit. Therefore, the appeal fails and is liable to be dismissed. 17. Resultantly, I pass the following: ORDER (i) The appeal stands dismissed. (ii) The impugned order dated 15.02.2025 passed by the VI Additional City Civil and Sessions Judge, Bengaluru City (CCH-11), in O.S.No.7759/2023 is hereby confirmed. (iii) However, in the interest of justice, the trial Court is requested to dispose of this suit expeditiously with all its promptitude. - 14 - HC-KAR NC: 2025:KHC:27566 MFA No. 3278 of 2025 The parties are directed to co-operate with the trial Court in ensuring early disposal. (iv) No orders as to cost. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 52