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Madras High CourtCS/203/2021withdrawn dismissed

The Tamil Nadu Roller Skating Association v. Roller Skating Federation Of India

2022-04-13Honourable Mr Justice P. Velmurugan12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 13TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN C.S.No.203 of 2021 and O.A.Nos.363 and 364 of 2021 The Tamil Nadu Roller Skating Association, Having its registered office at, No.96, Pantheon Road, Janapriya Crest, Egmore, Chennai - 600 008.

And Administrative Office at, Q-Block, No.93, 4th Main Road, Anna Nagar, Chennai - 600 040, And represented by its General Secretary.

...Plaintiff/ Applicant -Versus1.Roller Skating Federation of India, A-695, Shastri Nagar, New Delhi -110 052, Represented by its General Secretary.

*2.The Secretary, Inline & Quad Roller Sports Association of Madurai District, No.5, Mani Street, Atchaya Apartment, Thirunagar, Madurai - 625 006.

*3.The Treasurer, Quad & Inline Roller Skating Association of Chennai District, No.32, Perumal Koil Street, 2nd Lane, Sowcarpet, Chennai - 600 079.

*4.The Secretary, Skating Sports Association of Tuticorin, No.215/3, New Colony, Keela Theru,

South Thittankulam, Kovilpatti - 628 502.

*5.The Secretary, Quad & Inline Roller Skating Association of Sivagangai, No.1696, Sri Shanmuga Illam, Valluvar Nagar Main Road, Karaikudi - 630 002.

*6.The Secretary, Pudukkottai District Roller Skating Association, T.S.No.2706, North Main Street, Pudukkottai.

*7.The Secretary, Salem District Roller Skating Sports and Games Association, No.744-2, Vaiyapuri Thottam, Parai Kadu, Alagapuram Puthur, Salem - 636 016.

*8.The Secretary, Medona Kanyakumari District Roller Skating Association, No.147, Gold Street, Raman Pudhur, Nagarkoil - 629 004.

*9.The Secretary, Virudhunagar District Roller Sport Association, No.3, Velayutham Road, Sivakasi - 626 123.

*10.The Secretary, Dindigul District Roller Skating Association, No.29, Gopal Nagar, Vishtharipu, Dindigul - 624 001.

*11.The Secretary, Thanjavur District Roller Skating Association, No.19, Rajaji Road, Srinivasapuram, Thanjavur - 613 009.

*12.The Secretary, Cuddalore District Roller Skating Association,

No.1, Annai Illam, Nellikuppam Main Road, Semmandalam, Cuddalore -1.

*13.The Secretary, Inline & Quad Roller Skating Association of Theni, Gowri Sankar Complex, Near Gandhi Statute, Cumbum - 626 516.

*14.The Secretary, Erode District Roller Skating Association, No.124, Selvanayagi Complex, Teachers Colony Bus Stop, Erode - 638 011.

*15.The Secretary, Tirunelveli District Roller Skating Association, No.143, Thasilthar Compound Town, Tirunelveli.

*16.The Secretary, Karur District Roller Skating Sangam, No.34, Bharathi Dhasan Nagar, 6th Cross, Thaanthondri Malai,Karur - 638 007.

*17.The Secretary, The Skaters Association of Nilgiris District, No.4/173, Appukodu, M Palada Post, The Nilgiris - 643 004.

*18.The Secretary, Quad & Inline Roller Skating Association of Namakkal District, No.106/2, Kiruba Complex, Kavingar, Ramalingam Pillai Street, Namakkal - 637 001.

...Defendant/ Respondent (*Defendants 2 to 18 are impleaded as per order dated 18.03.2022 in Appl.No.3645/21)

Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree:

(i)for a declaration that the defendant is not entitled or empowered to call for elections to the Plaintiff Society which is an independent Society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975.

(ii) and for a permanent injunction restraining the defendant from conducting any election of the Plaintiff Society in pursuance of their election notification date 04.06.2021 issued by the defendant as the same is non-est, illegal and not binding on the plaintiff. (iii) and for a permanent injunction restraining the defendant from interfering in the internal administration of the Plaintiff Society (iv) for costs of the suit O.A. No.363 of 2021:- Original Application praying that this Hon'ble Court be pleased to pass an order of ad interim injunction restraining the Respondent/Defendant from conducting the election scheduled on 20.06.2021 for the Plaintiff society in pursuance of the Defendant's election notification dated 04.06.2021 pending disposal of the suit.

O.A.No.364 of 2021:- Original Application praying that this Hon'ble Court be pleased to pass an order of ad interim injunction restraining the Respondent/Defendant from interfering in the internal administration of the Plaintiff Society pending disposal of the suit.

This civil suit along with these original applications coming on this day before this court for hearing in the presence of Ms.Vandana Parasuram, Advocate for the plaintiff in C.S.No.203 of 2021 and for the applicant in O.A.Nos.363 and 364 of 2021, and upon reading the plaint filed herein and the order dated 27.07.2021 and the learned counsel for the plaintiff herein having submitted that the dispute has been amicably settled between the parties outside the Court and seeks permission to withdraw the suit, and he has also filed a memo dated 04.04.2022 to that effect, and this Court doth recording the same, it is ordered as follows:- That the suit in C.S.No.203 of 2021 be and is hereby dismissed as withdrawn.

2. That a certificate under section 69 of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Amendment Act) do issue herein, out of and under the seal of this court in favour of The Tamil Nadu Roller Skating Association, represented by its General Secretary, the plaintiff herein,

authorising them to receive from the Pay and Accounts Office, High Court Chennai, for a sum of Rs.1,08,830/- (Rupees One Lakh Eight Thousand Eight Hundred and Thirty only) being the entire court fee paid on the plaint by the plaintiff herein.

3. That the O.A.Nos.363 and 364 of 2021 do stand closed.

4. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 13TH DAY OF APRIL 2022.

Sd./- ASSISTANT REGISTRAR (O.S I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

DL 20.04.2022 C.S. No.203 of 2021 and O.A. Nos.363 and 364 of 2021

ORDER

DATED : 13.04.2022 THE HON'BLE MR.JUSTICE P.VELMURUGAN FOR APPROVAL: 25.04.2022 APPROVED ON: 25.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.S.No.203 of 2021 and O.A.Nos.363 and 364 of 2021 The Tamil Nadu Roller Skating Association, Having its registered office at No.96, Pantheon Road, Janapriya Crest, Egmore, Chennai - 600 008 and Administrative Office at Q-Block, No.93, 4th Main Road, Anna Nagar, Chennai - 600 040, and represented by its General Secretary.

.. Plaintiff /versus/ 1.Roller Skating Federation of India, A-695, Shastri Nagar, New Delhi -110 052, Represented by its General Secretary.

2.The Secretary, Inline & Quad Roller Sports Association of Madurai District, No.5, Mani Street, Atchaya Apartment, Thirunagar, Madurai - 626 006.

3.The Treasurer, Quad & Inline Roller Skating Association of Chennai District, No.32, Perumal Koil Street, 2nd Lane, Sowcarpet, Chennai - 600 079.

4.The Secretary, Skating Sports Association of Tuticorin,

No.215/3, New Colony, Keela Theru, South Thittankulam, Kovilpatti - 628 502.

5.The Secretary, Quad & Inline Roller Skating Association of Sivagangai, No.1696, Sri Shanmuga Illam, Valluvar Nagar Main Road, Karaikudi - 630 002.

6.The Secretary, Pudukkottai District Roller Skating Association, T.S.No.2706, North Main Street, Pudukkottai.

7.The Secretary, Salem District Roller Skating Sports and Games Association, No.744-2, Vaiyapuri Thottam, Parai Kadu, Alagapuram Puthur, Salem - 636 016.

8.The Secretary, Medona Kanyakumari District Roller Skating Association, No.147, Gold Street, Raman Pudhur, Nagarkovil - 629 004.

9.The Secretary, Virudhunagar District Roller Sport Association, No.3, Velayutham Road, Sivakasi - 626 123.

10.The Secretary, Dindigul District Roller Skating Association, No.29, Gopal Nagar, Vishtharipu, Dindigul - 624 001.

11.The Secretary, Thanjavur District Roller Skating Association, No.19, Rajaji Road, Srinivasapuram, Thanjavur - 613 009.

12.The Secretary, Cuddalore District Roller Skating Association, No.1, Annai Illam, Nellikuppam Main Road, Semmandalam, Cuddalore -1.

13.The Secretary, Inline & Quad Roller Skating Association of Theni, Gowri Sankar Complex, Near Gandhi Statute, Cumbum - 626 516.

14.The Secretary, Erode District Roller Skating Association, No.124, Selvanayagi Complex, Teachers Colony Bus Stop, Erode - 638 011.

15.The Secretary, Tirunelveli District Roller Skating Association, No.143, Thasilthar Compound Town, Tirunelveli.

16.The Secretary, Karur District Roller Skating Sangam, No.34, Bharathi Dhasan Nagar, 6th Cross, Thaanthondri Malai,Karur - 638 007.

17.The Secretary, The Skaters Association of Nilgiris District, No.4/173, Appukodu, M Palada Post, The Nilgiris - 643 004.

18.The Secretary, Quad & Inline Roller Skating Association of Namakkal District, No.106/2, Kiruba Complex, Kavingar, Ramalingam Pillai Street, Namakkal - 637 001.

..Defendants [Defendants 2 to 18 are impleaded as per order of this Court dated 18.03.2022 in Appl.No.3645 of 2021]

Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side Rules read with Order VII, Rule 1 of the C.P.C., praying to pass a judgment and decree for:- (i) a declaration that the defendant is not entitled for empowered to call for elections to the Plaintiff Society which is an independent Society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975.

(ii) and for a permanent injunction restraining the defendant from conducting any election of the Plaintiff Society in pursuance of their election notification date 04.06.2021 issued by the defendant as the same is non-est, illegal and not binding on the plaintiff. (iii) and for a permanent injunction restraining the defendant from interfering in the internal administration of the Plaintiff Society (iv) for costs of the suit (v) for such further orders as this Hon'ble Court may deem fit and thus render justice.

For Plaintiff : Ms.Vandana Parasuram For Defendants : Mr.R.Vijayakumar for D1

J U D G M E N T

Learned counsel for the plaintiff submits that the dispute has been amicably settled between the parties outside the Court and seeks permission to withdraw the suit. A memo has been filed to that effect.

2.Recording the same, this Civil Suit is dismissed as withdrawn. Registry is directed to refund necessary Court fee to the plaintiff as per Rules. No costs. Consequently, connected applications are closed. Sd./-P.V.J.

13.04.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.