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Bombay High CourtCA/184/2019withdrawn

Sarvodaya Sporting Club, Thr. Its President, Rohan G. G. Dessai., v. Goa Cricket Association, Thr. The Secretary And ANR.,

2019-09-09Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 184 OF 2019 IN WRIT PETITION NO. 191 OF 2019 SARVODAYA SPORTING CLUB, THR. ITS PRESIDENT, ROHAN G. G. DESSAI., ... Applicant

Versus

GOA CRICKET ASSOCIATION, THR. THE SECRETARY AND ANR., ... Respondents Mr. Amit Pai, Advocate, Advocate for the Applicant. Mr.S.S.Kantak, Sr. Advocate with Mr. Abhijit Kamat, Advocate for Respondent No.1.

Mr.D. Patkar, with Mr. Vikash Kumar Jha, Advocates for Respondent No.2.

Coram:- M. S. SONAK & NUTAN D. SARDESSAI, JJ.

Date:- 9th September, 2019 P.C.:

Heard.

2. Mr. Amit Pai, learned Counsel for the applicant seeks to withdraw Civil Application No. 184/2019 unconditionally. Leave is granted. This Civil Application is disposed of as withdrawn.

CA/184/2019

3. We add that the mentioning of this Civil Application was itself improper. This is because the Hon'ble Apex Court vide order dated 14.03.2019 has made it clear that no Courts or Tribunals in India shall entertain or proceed with any matter pertaining to BCCI or any State Cricket Associations involved.

4. At the stage of mentioning this was not pointed out. Besides, The petitioner's, have themselves sought for adjournment of the petition sine die on the ground of this very direction of order dated 14.03.2019.

5. Today, Mr. Pai justifies the filing of this application by pointing out that the matter was mentioned before the Hon'ble Apex Court but for some reason, the same could not be taken up. Mr. Pai, submits that the Hon'ble Apex Court orally directed the petitioner to approach the Committee of Administrators. There is no order pointed out incorporating the aforesaid. The direction in order dated 14.03.2019 still holds the field.

6. On the basis of all this, we are afraid, that we cannot act in defiance with order of the Hon'ble Apex Court dated 14.03.2019.

8. Though we were inclined to impose exemplary costs upon the appellant, at the request of Mr. Pai, who has unconditionally

CA/184/2019 withdrawn this application, we refrain from doing so. NUTAN D. SARDESSAI, J.

M. S. SONAK, J.

MF/-