Partha Sekhar Chatterjee v. The Kennel Club Of India

2025:MHC:1074

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN OSA.No.33 of 2025 and CMP No.3212 of 2025 1.Partha Sekhar Chatterjee 2.Somnath Mukherjee 3.R.Chockalingam @ R.C.Lingam 4.D.Krishnamurthy 5.Vikram Dhamodaran .. Appellants vs 1.The Kennel Club of India (Registration No.16/1959) represented by its Secretary cum Treasurer, C.V.Sudarshan, (aged 72 years) registered office at Old No.89, new No.28, AA Block, First Street, Anna Nagar, Chennai-600 040.

2.The Government of Tamil Nadu, represented by its Secretary to Government, Commercial Taxes and Registration Department, Secretariat, St. George Fort, Chennai-600 009.

3.The Inspector General of Registration, No.120, Santhome High Road, 1/9

Bharathi Nagar, Raja Annamalaipuram, Chennai-600 028.

4.The District Registrar (Admin), AIG Cadre, Chennai Central, Chennai-600 014.

5.Capt. Sunny Jacob 6.Nagina .. Respondents Prayer: Appeal filed under Order XXXVI Rule 1 of the High Court Original Side Rules read with Clause 15 of Letters Patent against order dated 12.12.2024 made in Application No.4696 of 2022 in C.S.No.339 of 2020.

For Appellants :

Mr.V.G.Suresh Kumar For Respondents :

Mr.R.Srinivas, Senior Counsel for Ms.Mythili Srinivas (for R1) Ms.Aswini Devi .K (for R2 to R4) Additional Government Pleader R5 & R6 - Not ready in notice

JUDGMENT

(Delivered by Dr.ANITA SUMANTH.,J) Both Mr.V.G.Suresh Kumar, learned counsel for the appellants and Mr.R.Srinivas, learned Senior Counsel for Ms.Mythili Srinivas, learned counsel for R1 would accede to the position that by way of an 2/9

interim arrangement, the vacancies in the present committee would be filled in, in terms of Article XIV of the by-laws of the Kennel Club of India that reads as follows:

'XIV. Interim Vacancies:

In the case of vacancy caused by resignation/death or otherwise of a member of the Committee, the said vacancy may be filled up by co-opting the person who has obtained the 10th position in the Election and if there is no such position, the Committee may fill up the vacancy by coopting of a member of the KCI. Such a person shall be one who shall be eligible to contest the elections of the Committee.'

2.Both learned counsel also agree upon the following Case Management Schedule.

S.No.

Proceeding Time Framing of issues 10th June 2025 16th June 2025 to 23rd June Affidavit of Evidence by Plaintiff's Witness PW1 Cross examination of PW1 7th July 2025 to 18th July 28th July 2025 to 31st July Affidavit of Evidence of Witness on the side of Defendants 1 to 3 DW1 Cross examination of DW1 11th August 2025 to 21st August 2025 Affidavit of Evidence of Witness on the side 3rd September 2025 to 8th September 2025 3/9

S.No.

Proceeding Time of Defendants 4 to 10 DW2 Cross examination of DW2 19th September 2025 to 25th September 2025 Written submissions 10th October 2025 Oral submissions 10th October 2025 3.List before the learned Additional Master IV on 10.06.2025 for framing of issues.

4.With this, and as nothing further remains to be decided in this appeal, the same stands disposed in terms of the above order. No costs. Connected miscellaneous petition is closed.

[A.S.M., J] [C.K., J] 24.04.2025 Index:Yes/No Speaking Order vs To 1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, St. George Fort, Chennai-600 009.

3.The Inspector General of Registration, No.120, Santhome High Road, 4/9

Bharathi Nagar, Raja Annamalaipuram, Chennai-600 028.

4.The District Registrar (Admin), AIG Cadre, Chennai Central, Chennai-600 014.

5.The Sub Assistant Registrar, Original Side, High Court, Madras.

5/9

DR. ANITA SUMANTH.,J.

and C.KUMARAPPAN.,J.

vs OSA.No.33 of 2025 and CMP No.3212 of 2025 24.04.2025 6/9

and CMP.No.3212 of 2025 Dr. ANITA SUMANTH., J.

and C.KUMARAPPAN., J.

(Order of the Court was made by Dr. ANITA SUMANTH., J.) This matter is listed today under the caption 'for being mentioned'.

2. Under joint memo dated 30.04.2025, the appellants and first respondent seek to revise the case management schedule set out under order dated 24.04.2025.

3. In light of the aforesaid memo, Paragraph Nos. 2 and 3 of order dated 24.04.2025 shall now read as follows:

2.Both learned counsel also agree upon the following Case Management Schedule.

S.No.

Proceeding Time Framing of issues 10.06.2025 Steps for Interrogatories, Inspection and Production of Documents 11.06.2025 to 30.06.2025 Affidavit of Evidence by Plaintiff's Witness PW1 04.07.2025 to 11.07.2025 7/9

S.No.

Proceeding Time Cross examination of PW1 25.07.2025 to 04.08.2025 Affidavit of Evidence of Witness on the side of Defendants 1 to 3 DW1 11.08.2025 to 18.08.2025 Cross examination of DW1 01.09.2025 to 15.09.2025 Affidavit of Evidence of Witness on the side of Defendants 4 to 10 DW2 22.09.2025 to 26.09.2025 Cross examination of DW2 06.10.2025 to 17.10.2025 Written submissions 28.10.2025 Oral submissions 30.10.2025

3. List before the learned Judge on 10.06.2025 for framing of issues and thereafter before the learned Additional Master IV for conduct of trial.

4. Except the aforesaid modifications, order dated 24.04.2025 remain unaltered.

[A.S.M., J] [C.K., J] 30.04.2025 sl 8/9

DR. ANITA SUMANTH.,J.

and C.KUMARAPPAN.,J.

sl OSA.No.33 of 2025 and CMP No.3212 of 2025 30.04.2025 9/9