Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 09 July 2026

Case Overview

  • Parties: The Bombay Presidency Golf Club Limited (Appellant) vs. Sucheta Desmond Rodrigues & others (Respondents).
  • The appeal arose from a Special Leave Petition (SLP) (Civil) No.19210 of 2025 challenging the High Court judgment dated 11 June 2025 in First Appeal No.1568 of 2024, which stemmed from Suit No.3054 of 2018.
  • The dispute had been ongoing since 2018, involving membership rights and related fees at the Club.
  • Learned counsel for both sides (Mr. Pranjal Kishore for the Club and Mr. Sanyat Lodha for the Respondents) facilitated an amicable settlement, documented in a Consent Terms dated 02 June 2026 and signed by all parties.

Settlement Terms (Consent Terms)

1. Payment for Category B Memberships

  • Ms. Sucheta Shetty shall pay Rs 25 lakhs plus 18% GST, totaling Rs 29,50,000, for the allotment of individual Category B memberships for Amoorth and Aadhyaa.
  • Additionally, a refundable security deposit of Rs 1 lakh each for Amoorth and Aadhyaa is required.
  • Half‑yearly subscription charge of Rs 9,000 each (plus 18% GST) for the first six months is payable.
  • All payments are to be made within one week of signing the Consent Terms; subsequent subscription bills will be raised as per the Club’s prevailing policy.

2. Admission Process

  • Within 60 days of payment, the Club shall enrol and admit Amoorth and Aadhyaa as individual Category B members.
  • Within 7 days of payment, provisional individual Category B membership rights, facilities, and temporary ID cards will be issued, allowing full use of Club amenities.
  • A ballot for full Category B membership for Amoorth shall be conducted within 45 days of payment.
  • For Aadhyaa, who will be in Europe until 07 July 2026, the ballot/interview will be conducted via video conference on the same date as Amoorth’s ballot or a mutually convenient date, also within 45 days of payment.
  • Mr. Santosh Shetty, Category A Member No. S‑788, shall introduce Amoorth and Aadhyaa to the Club prior to the ballot.
  • The Club will either waive the requirement of additional Class A signatures/recommendations for the Category B admissions or obtain them from existing Committee/Class A members as per the Consent Terms.

3. Dependent Membership for Ms. Sucheta Shetty

  • Ms. Shetty shall be admitted as a dependent member under her husband Mr. Santosh Shetty’s Category A Membership No. S‑788 at no extra charge, subject to submission of a marriage certificate and his consent.
  • The dependent membership extends to her two biological children, Amaaya Rodrigues and Joshua Rodrigues, who were lawfully adopted by Mr. Santosh Shetty per the Bombay City Civil Court Order dated 24 February 2026.
  • Ms. Shetty must furnish a certified copy of the adoption order; the Club agrees to recognise the adoption without objection.
  • Within 15 days of executing the Consent Terms, the Club shall:

a. Enrol and admit Ms. Shetty as a dependent member under Membership No. S‑788;

b. Admit Amaaya and Joshua as dependent members under the same membership;

c. Issue ID cards, authorisations, and membership documents for all three.

  • Updates to birth certificates and Aadhaar records to reflect Mr. Santosh Shetty as father are in progress; the Club will accept the adoption order for admission pending those updates.
  • Ms. Shetty must provide the revised documents by 31 July 2027; the Club will not deny or suspend the children’s membership rights due to pending documentation.
  • Although Amaaya will turn 18 on 10 June 2026, her status as a dependent/family member under Membership No. S‑788 remains protected.

4. Surrender of Existing Membership

  • Upon completion of all admissions (Amoorth, Aadhyaa, Ms. Shetty, Amaaya, Joshua) and issuance of relevant documents, Ms. Shetty’s existing Membership No. R‑294 shall be deemed automatically surrendered.
  • Until the transition is complete, Ms. Shetty, Amaaya, and Joshua will continue to enjoy rights under Membership No. R‑294.

5. Final and Full Payment Clause

  • The Rs 29.5 lakh payment is a one‑time, full‑and‑final settlement covering all taxes, charges, levies, deposits, and dues related to the admissions contemplated herein.
  • Neither party shall raise any further monetary or other claims concerning the subject matter.
  • No additional entrance, transfer, deposit, subscription, administrative, dependent conversion, or enrolment fees shall be levied for the admissions described.
  • Recurring annual subscriptions, levies, and incidental consumptions may apply to all individual Category B members from time to time.

6. Non‑Denial Clause

  • The Club agrees that, irrespective of any pending civil or criminal proceedings, disputes, complaints, or objections, it shall not deny or refuse:

a. Full individual Category B memberships to Amoorth and Aadhyaa;

b. Dependent membership to Ms. Shetty under Membership No. S‑788;

c. Dependent memberships to Amaaya and Joshua under Membership No. S‑788.

7. Supreme Court Presentation

  • The Consent Terms will be presented before the Supreme Court with a prayer to dispose of the SLP in accordance with these terms and to substitute the impugned judgment.
  • The Consent Terms shall prevail over any inconsistent provisions in the Club’s Articles of Association, bye‑laws, rules, circulars, customs, or internal procedures.

8. Implementation Assurance

  • The Club expressly undertakes to grant the memberships within the stipulated timelines and to raise no technical, procedural, legal, or administrative objections thereafter.

Final Outcome

  • The Supreme Court disposed of the appeal, incorporated the Consent Terms into the order, and directed that all inter‑party legal proceedings stand closed.
  • Both parties are bound by the settlement terms; breach may attract contempt proceedings.
  • All pending applications, if any, are also disposed of.

Topics: Legal Settlement, Club Membership, Civil Litigation