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Madras High CourtA/1657/2020granted

All India Chess Federation (Regd.Society Regn.No.125/1958) v. Naresh Sharma And 7 Others

2020-08-17Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2020

CORAM

THE HON'BLE MS.JUSTICE P.T. ASHA A.No.1657 of 2020 in C.S.D.No.50645 of 2020 1.All India Chess Federation (Regd. Society, Regn.No.125/1958) Represented by the President Mr. P.R. Venkatrama Raja Head of the Three-member Committee All India Chess Federation, having its registered office at Room No. 70, Jawaharlal Nehru Stadium, Periyamet, Chennai -600 003.

...

Applicant vs.

1.Naresh Sharma 2.D.Vipnesh Bharadwaj 3.Neeraj Kumar Mishra 4.Bhavesh Patel 5.Bhagyashree Thipsay 6.Bharat Singh Chauhan

7. Tinycode Technologies Pvt. Ltd.

Represented by its Directors Mr. Nitin Saxena and Mr. Mayur Ahuja having its registered office atE- 195, Sector 63, Noida, Gautam Buddha Nagar, Uttar Pradesh- 201 301.

8. Indian Bank Chennai Represented by its Chief Manager Harbour Branch, No.66, Rajaji Salai, Chennai- 600 001. ... Respondents

Prayer ::- Application filed seeking grant of leave to sue the respondents / defendants 1 to 7 in the above suit.

For applicant : Mr.P.J. Rishikesh

ORDER

The above suit is filed for the following reliefs: A. Declaration that the Notice dated 31.03.2020 issued by Defendant No. 2 herein calling-for a "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.4.2020" between 11:00 AM - 01:00 PM at Tivoli Grand Resort, Alipore, New Delhi, as null and void; B. Declaration that the E-mail dated 21.04.2020 from Defendant No.1 herein at 10:43:09 PM IST sent to all the Members of the AICF confirming the conduct of the "Special / Extra Ordinary General Body Meeting of the AICP to be held on 22.4.2020" between 11:00 AM - 01:00 PM via Z0OM Application, as mull and void;

C. Declaration that all the decisions taken and resolutions passed in the "Special/ Extra Ordinary General Body Meeting of the AlCF to be held on 22.4.2020" between 11:00 AM- 01:00 PM via Z0OM Application as null and void;

D. Permanent Injunction restraining Defendant Nos. I-6 and/or their men, agents, servants or any person acting for on behalf of the AlCF in any manner whatsoever from changing the Letterhead of the AICE, writing communications, making representations in any manner whatsoever until the declaration of the Elections to the Federation;

E. Permanent Injunction restraining Defendant Nos. I- 5 and/or their men, agents, servants or any person in any manner whatsoever from interfering with the administration of the AICF; F. Permanent Injunction restraining Defendant Nos. I-6 and/or their men, agents, servants or any person acting for on behalf of the AICF from giving effect to the decisions taken at the "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.4.2020" between I1:00 AM01:00 PM via ZOOM Application; G. Permanent Injunction restraining Defendant Nos. I -6 and/or their men, agents, servants or any person acting for on behalf of the AICF from operating the parallel, illegal website www.aicf.org in any manner whatsoever:

H. Permanent Injunction restraining Defendant Nos. I -6 and/or their men, agents, servants or any person acting for on behalf of the AICE from operating the parallel, illegal e-mail address indianchessfed@gmail.com in any manner whatsoever;

I. Mandatory Injunction directing Defendant No. 8 herein to permit either the President Mr. P.R Venketrama Raja or the Interim Secretary Mr. Vijay Deshpande along with the Treasurer Mr. Kishor Bandekar to operate the Bank Account of the AICF Bearing SC A/c No. 432422331 at the Harbour Branch of Respondent No. 8 herein until the elections to the AICF are declared;

J. Permanent Injunction restraining Defendant Nos. l - 6 and/or their

men, agents, servants or any person acting for on behalf of the AICF from operating the Bank Account Bearing SC A/c No. 432422331 at the Harbour Branch of Respondent No.8 until the declaration of Elections to the Federation;

K. for Costs of the present Suit;

3. The suit earlier filed are still pending on the file of this Court and the registered office of the Federation is also situated within the jurisdiction of this Court.

4. Considering the fact that substantial cause of action has arisen before this Court, since the defendants are residing outside the jurisdiction of this Court, the leave, as sought for is granted. 5.The Registry is directed to number the suit, if otherwise in order. Sd/-P.T.A.J.

17.08.2020 //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) Su.25.08.2020 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.