SOUMEN SEN,J. - (1.) This present appeal arises out of a judgment and order dated February 20, 2019 passed by the learned Additional District Judge, 15th Court, Alipore, South 24 Parganas, in Misc. Case (Arbitration) No. 79 of 2018. The Factual Background
(2.) The appellant no. 1, i.e. the Indian Golf Union, is a society registered under the West Bengal Societies Registration Act, 1961 and is a federation of all the golf associations in the different states in India. The respondent no. 1, i.e. West Bengal Golf Society, is also a society registered under the West Bengal Societies Registration Act, 1961 and is a union or federation of certain golf clubs in the State of West Bengal. The respondent no. 1 was a member association of the appellant no. 1.
(3.) The appellant no. 1 issued a notice dated May 4, 2018 for an Extra-ordinary General Meeting ('E.G.M.') of its members, which included the respondent no. 1, to be held on June 6, 2018. The main purpose of this meeting was to amend the Rules and Regulations (2014) of the appellant no. 1. The significant changes brought about in this E.G.M. to the Rules and Regulations (2014) was the mode of settlement of disputes and the criteria for affiliation of a State Golf Association with the appellant no. 1. The existing dispute resolution mechanism in the Rules and Regulations (2014) was replaced by Rule 66 of the Rules and Regulations (2018). Both the old and the new Rules on dispute resolution are set out herein below:- Similarly, the old Rule 2(c) of the Rules and Regulations (2014) specifying the criteria for membership, was replaced by the new Rule 2(c) of the Rules and Regulations (2018), both Rules are set out below:- The definition of a 'Golf Club' in Rule 1(a) of the Rules and Regulations (2018) is set out below:- "'Golf Club' means any entity (whether owned by an individual, an association of persons, a society, a company, a body corporate, a statutory authority, a governmental organization or the Government) that is affiliated to THE INDIAN GOLF UNION, or seeking affiliation to the Union, having a functioning golf course and as defined in Clause 4." The Rules and Regulations (2018), after being passed in the E.G.M. of June 6, 2018, were filed before the Registrar of Societies, Government of West Bengal on June 7, 2018. The Registrar took them on record on August 24, 2018. ;