Restriction on membership may be available to company incorporated under sec 25 but in case it recognized as EPC it cannot restrict its membership

Last updated: 13 February 2012

Court :
HIGH COURT OF DELHI

Brief :
This intra-Court appeal impugns the judgment dated 18th January, 2011 allowing W.P.(C) No. 5093/1998 preferred by the respondents no.1 to 3 herein and quashing the “Regulations of Membership” of the appellant to the extent the same were held to be inconsistent with the Exim Policy; the appellant has also been restrained from making any amendments to its Articles of Association creating a classification of exporters into “Member Exporters” and “Registered Exporters”. Notice of this appeal was issued and vide interim order dated 8th April, 2011 the operation of the judgment of the learned Single Judge stayed. A counter affidavit has been filed by the respondents no.1&2/writ petitioners and by the respondent no.4 Union of India. Additional documents as well as additional affidavit have also been filed by the respondents no.1&2/writ petitioners. The counsels have been heard. Written submissions have also been filed and perused.

Citation :
APPAREL EXPORT PROMOTION COUCIL ....Appellant Through: Mr. Krishan Venugopal, Sr. Adv. with Mr. Gaurav Ray, Adv. Versus ALL INDIA GARMENT EXPORTERS COMMON CAUSE GUILD & ORS.. Respondents Through: Mr. Suhail Dutt, Sr. Adv. with Mr. Sankalp Goswami,Adv. for R-1&2. Mr. Saquib, Adv. for R-4.