PRATAPRAY MANMOHANDAS versus BOMBAY BULLION ASSOCIATION LTD.

PRATAPRAY MANMOHANDAS versus BOMBAY BULLION ASSOCIATION LTD.

Once the appellant clearly indicated unwillingness to submit kaplis and left the meeting, no further opportunity or time was required by bye-law 155(4); thus, declaration as a defaulter was valid and not ultra vires or defective in procedure.

Parties
Appellant: Pratapray Manmohandas; Respondent: Bombay Bullion Association Ltd.
Jurisdiction
India
Judgment Date
02 March 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment and Decree
Outcome
Appeal dismissed with costs
Legal Topics
Association Bye Laws, Member Default, Arbitration Clause, Procedural Fairness
Commercial Law Association Bye Laws Member Default Arbitration Clause Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Pratapray Manmohandas

Appellant

Bombay Bullion Association Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment and Decree

Legal Issues

  1. 1 Whether the Clearing House Committee properly declared appellant a defaulter under bye-law 155(4)
  2. 2 Whether appellant was denied an opportunity to submit kaplis after explanation
  3. 3 Interpretation of Bombay Bullion Association bye-law 155(4)

Ratio Decidendi

Once the appellant clearly indicated unwillingness to submit kaplis and left the meeting, no further opportunity or time was required by bye-law 155(4); thus, declaration as a defaulter was valid and not ultra vires or defective in procedure.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to bear own costs