The Suburban Table Tennis Association ( Tstta ) Thr. Its Authorised Representative Chairman v. Maharashtra State Table Tennis Association, ( Mstta ) And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.01.24 10:43:08 +0530 UTKARSH KAKASAHEB BHALERAO WRIT PETITION NO.15297 OF 2023 The Suburban Table Tennis Association [TSTTA] .. Petitioner

Versus

Maharashtra State Table Tennis Association, [MSTTA] & Ors.

.. Respondents Dr.Abhinav Chandrachud a/w Janay Jain, Mahesh Londhe, Samarth Jaidev i/b Sanjay Udeshi & Co., Advocates for the Petitioner.

Mr.Sachin Mandlik i/b Mandlik & Partners, Advocate for Respondent No.1.

Mr.A.I. Patel, Addl. G.P. a/w R.S. Pawar, AGP for Respondent No.3.

Mr.Ashutosh Mishra, Advocate for UOI/Respondent No.4.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : JANUARY 23, 2024 P. C.

1.

The above Writ Petition is filed challenging the impugned termination letter dated 19th November, 2023. The main ground of challenge in the Writ Petition is that though the notice issued to the

Petitioner to show cause as to why its membership in good standing with Respondent No.1 ought not to be suspended, by the impugned letter/order the said membership of the Petitioner is terminated. 2.

In other words it is the case of the Petitioner that the impugned order travels way beyond the show cause notice. The other grievance made is that the impugned letter/order contains grounds for termination which never formed part of the show cause notice at all. 3.

After we heard the above Writ Petition for some time, the Petitioner and Respondent No.1 agreed that the Writ Petition can be disposed of in the following terms:- (A) Respondent No.1 being the Maharashtra State Table Tennis Association withdraws the show cause notice dated 28th June, 2023 being Exhibit-G to the Petition issued by it to the Petitioner namely, the Suburban Table Tennis Association. (B) Respondent No.1 withdraws the termination letter dated 19th November, 2023 being Exhibit-I to the Petition issued by it to the Petitioner.

(C) Respondent No.1 may issue a fresh show cause notice to the Petitioner citing such grounds as may be available to Respondent No.1.

(D) The Petitioner shall, within 14 (Fourteen) days from receipt of such show cause notice, submit its reply to the said show cause notice issued by Respondent No.1.

(E) Respondent No.1, shall, offer an opportunity of hearing to the representatives of the Petitioner, within a period of 2 (Two) weeks from the date of receipt of the reply to the show cause notice from the Petitioner.

(F) Respondent No.1 after considering the reply to the show cause notice and hearing the representatives of the Petitioner, may pass appropriate order.

4.

The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs. 5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B.P.COLABAWALLA, J.]