Madras High CourtCS/728/2019dismissed as infructuous

P.R.Venketrama Raja v. Bharat Singh Chauhan

2021-06-28Honourable Mr Justice N. Sathish Kumar41 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 28TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR C.S. No.728 of 2019 and C.S.Nos.25, 185, 207 and 209 of 2020 and A.Nos.1864, 2191 and 2314 of 2020 C.S. No.728 of 2019 Shri.P.R.Venketrama Raja, President, All India Chess Federation, [Regd. Society, Regn. No.125/1958], Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

... Plaintiff Vs.

1. Mr.Bharat Singh Chauhan, Secretary of All India Chess Feberation, Office Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

2. All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its Hon Secretary, Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

.. Defendants Civil Suit praying that this Hon'ble Court may be pleased to pass a judgment and decree against the 1st Defendant:- a. Declaration to declare the Notice dated 30.11.2019 to convene the

meeting of the Central Council on 22.12.2019 at 11.00 a.m. issued by the first defendant as null, void and non est since the same is contrary to the Constitution and Bye laws of the second defendant. b. Declaration to declare the Notice dated 07.12.2019 addressed to all the Office bearers of State Association and Institutional Members calling for a special meeting on 22.12.2019 at 12.30 PM issued by the 1st defendant as Null and Void and non est since the same is contrary to the Constitution and Bye laws of the second defendant.

c. Permanent Injunction restraining the 1st defendant and his men or servants or agents or any person acting on his behalf from in any way convening the meeting of the Central Council on 22.12.2019 at 11.00 a.m. pursuant to the Notice dated 30.11.2019;

d. Permanent Injunction restraining the 1st defendant and his men or servants or any person acting on his behalf from in any way convening a special meeting of the General body on 22.12.2019 at 12.30 p.m. pursuant to the notice dated 07.12.2019.

e. for costs of the suit;

C.S. No.25 of 2020 Tamil Nadu State Chess Association, Hall No.75, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

Represented by its Hon. Secretary, Mr.P.Stephen Balasamy ... Plaintiff

Vs.

1. Mr.Bharat Singh Chauhan, Member of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

2. All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its President Head of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

3. Mr.P.R.Venketarama Raja, S/o.Late P.R.Ramasubramnya Raja, Head of the Three-member committee, All India Chess Federation, (Reg Society, Reg.No.125/1958) having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

.. Defendants Civil Suit praying that this Hon'ble Court may be pleased to pass a judgment and decree against the 1st Defendant:- A. Declaration that the Notice dated 02.01.2020 issued by defendant No.1 to convene the Special Meeting of the General Body on 09.02.2020 at 11.30 A.M. in Ahmedabad, Gujarat, as null, void non est and unenforceable, since the same is contrary to the Constitution and Byelaws of Defendant No.2 and the notice of defendant No.3 dated 18.12.2019. B. Declaration that the Resolutions passed at Meeting of the Special

General Body meeting of the AICF on 28.12.2019 in Bhopal circulated at the behest of Defendant No.1, having hijacked the said meeting as null and void;

C. Declaration that the Resolutions passed in the Meeting of the Central Council dated 22.12.2019 as null, void non est and unenforceable; D. Permanent Injunction restraining defendant No.1 and /or his men, agents, servants or any person acting for on behalf of defendant No.1 in any manner whatsoever, from convening the Special Meeting of the General Body on 09.02.2020 at 11.30 A.M. in Ahmedabad, Gujarat, pursuant to the purported notice dated 02.01.2020.

E. for costs of the present suit;

C.S. No.185 of 2020

1. Mr.P.R.Venketrama Raja, S/o.Lt.P.R.Ramasubramenya Raja, Aged about 60 years, President & Head of three member Committee All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

2. Mr.D.V.Sundar S/o.Lt.Shri D.V.Srinivasan Aged about 69 years Vice President, All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium,

Periamet, Chennai - 600 003.

3. Mr.Vijay Deshpande S/o.Gopalrao Deshpande Aged about 55 years Interim Secretary and Member of three member Committee All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

4. Mr.Kishor Bandekar S/o.Lt.Shri Mangesh S.Panchakalashi Aged about 60 years Treasurer and Member of three member Committee All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

5. Mr.Ravindra Dongre, S/o.Murlidhar Dongre Aged about 57 years Senior Member, All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

... Plaintiffs .. Vs ..

1. Mr.Naresh Sharma, Aged about 62 years Secretary, the Haryana Chess Association, having its registered office at 305/12. Chandra Bhawan, Jawahar Nagar, [Jacubpura], Gurgoan, Haryana - 122 001.

2. Dr.VipneshBhardwaj, Aged about 67 years Secretary, the Chandigarh Chess Association, Having its registered Offfice at H.No.58, Sector 16-A, Chandigarh 160 015.

3. Neeraj Kumar Mishra, Aged about 52 years Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

4. Mr.Bhavesh Patel Aged about 52 years Residing at Rifle's Club, Near Bhavan's College, Khanpur, Ahmedabad 380 001.

5. Mr.Bhagyashree Thipsay Aged about 59 years Residing at 10, Smriti, Dr.Ambdhkar Road, Khar West, Mumbai 400 052.

6. Bharat Singh Chauhan Former Secretary, All India Chess Federation Residing at : No.1874, Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

7. All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its President Head of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium,

Periamet, Chennai - 600 003.

.. Defendants Civil Suit praying that this Hon'ble Court may be pleased to pass a judgment and decree against the Defendant Nos.1-5 for:- 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 22.04.2020 between 11.00 A.M. - 01.00 p.m. 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 AICF to be held on 22.04.2020 between 11.00 AM - 01.00 p.m. via Zoom application, as null and void;

c. Declaration declaring that all the declarations taken and all resolutions passed in "Special / Extra Ordinary General Body Meeting of the AICF dated 22.04.2020 via Zoom application as null and void and non est d. Declaration that the show cause notice dated 26.04.2020 issued against plaintiff No.4 and show cause notice dated 02.05.2020 issued to

plaintiff Nos.1 to 3 and 5 herein by defendant Nos.1 - 5 as null, void and non-est in law;

e. Declaration that the Letters of Suspension dated 12.05.2020 issued by defendant Nos.1 to 6 to plaintiff Nos.1 to 5, as illegal, null, void and non-est in law;

f. Permanent injunction restraining defendant Nos.1 to 6 and/or their men, agents, servants or any person in any manner whatsoever from interfering with the administration of the AICF whatsoever including changing theletter head of the AICF, writing communications, making representations in any manner whatsoever on behalf of the AICF; g. Permanent Injunction restraining Defendant Nos.1 to 5 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 dated 22.04.2020" via Zoom Application. h. for costs of the suit;

C.S. No.207 of 2020 All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its President P.R.Ve nketrama Raja Head of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

... Plaintiff

Vs.

1. Mr.Naresh Sharma, Aged about 62 years Secretary, the Haryana Chess Association, Having its registered Office at 305/12. Chandra Bhawan, Jawahar Nagar, [Jacubpura], Gurgoan, Haryana - 122 011.

2. Dr.VipneshBhardwaj, Aged about 67 years Secretary, the Chandigarh Chess Association, Having its registered Offfice at H.No.58, Sector 16-A, Chandigarh 160 015.

3. Neeraj Kumar Mishra, Aged about 67 years Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

4.Bhavesh Patel Aged about 52 years Residing at Rifle's Club, Near Bhavan's College, Khanpur, Ahmedabad 380 001.

5.Bhagyashree Thipsay Aged about 59 years Residing at 10, Smriti, Dr.Ambedhkar Road, Khar West, Mumbai 400 052.

6. Bharat Singh Chauhan Former Secretary, All India Chess Federation Residing at : No.1874, Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

7. Tinycode Technologies Pvt. Ltd., Represented by its Directors, Mr.Nitin Saxena and Mr.Mayur Ahuja having its registered Office at E-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.

... Defendants Civil Suit praying that this Hon'ble Court may be pleased to pass a judgment and decree against the Defendant Nos.1-5 for:- 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 22.04.2020 between 11.00 A.M. - 01.00 p.m. 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 AICF to be held on 22.04.2020 between 11.00 AM - 01.00 p.m. via Zoom application, as null and void;

C. Declaration that all the decisions taken and resolutions passed in

"Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020 between 11.00 AM - 01.00 PM via Zoom application as null and void;

D. Permanent injunction restraining defendant Nos.1 - 6 and / or their men, agents, servants or any person acting for on behalf of the AICF in any manner whatsoever from changing the letter head of the AICF, writing communications, making representations in any manner whatsoever until the declaration of the elections to the Federation; E. Permanent injunction restraining defendant Nos.1 - 5 and / or their men, agents, servants or any person in any manner whatsoever from interfering with the administration of AISF.

F. Permanent injunction restraining defendant Nos.1 - 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 22.04.2020 between 11.00 AM - 01.00 PM via Zoom application;

G. Permanent injunction restraining defendant Nos.1 - 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 in any manner whatsoever;

H. Permanent injunction restraining defendant Nos.1 - 6 and / or their men, agents, servants or any person acting for on behalf of the AICF 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.KishorBandekar 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.1 - 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 of the Harbour Branch of Respondent No.8 until the declaration of the elections to the Federation;

K. for costs of the present suit;

C.S. No.209 of 2020 and A.No.1864 of 2020

1. All Marathi Chess Association, Represented by its Gen. Secretary, Mr.Vijay Deshppande, Having Administrative Office at K-3, I/1 N-5, CIDCO Milan Nagar, Gulmohar Colony, Arungabad - 431 003, Maharashtra.

2. Bengal Chess Association, Represented by its Gen. Secretary Mr.DilipRanjanChakraborty, Having its Registered Officer at 107, K.K.Majumder Road, Santoshpur, Kolkata - 700 075, West Bengal.

3. All Rajputana Chess Association, Represented by its President, Mr.Ajay Ajmera Having its registered Office at 7/420, Malviya Nagar, Jaipur - 302 017, Rajasthan.

4. The Andhra Pradesh Chess Association, Represented by its Ge. Secretary, Mr.Y.Suman, Having its Administrative Office at Opp. Aditya College, Adithya Nagar, Nellore - 524 002, andhra Pradesh

5. Himachal Pradesh State Chess Association, Represented by its President, Mr.Ajay Verma Having its Administrative Office at

Near Tara Mandir, Birta, Kangra District - 174 001 Himachal Pradesh Plaintiff Nos. 1 to 5 represented by Power of Attorney Mr.D.V.Sundar, Vice President, AICF ... Plaintiffs Vs.

1. Mr.Naresh Sharma, Aged about 62 years Secretary, the Haryana Chess Association, Having its registered Office at 305/12, Chandra Bhawan, Jawahar Nagar [Jacubpura], Gurgoan, Haryana -122 001.

2. Dr.VipneshBhardwaj, Aged about 67 years Secretary, the Chandigarh Chess Association, having its registered office at H.No.58, Sector 16-A, Chandigarh - 160 015.

3. Mr.Neeraj Kumar Mishra, Aged about 52 years Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

4.Bhavesh Patel Aged about 52 years Residing at Rifle's Club, Near Bhavan's College, Khanpur, Ahmedabad 380 001.

5.Bhagyashree Thipsay Aged about 59 years Residing at

10, Smriti, Dr.Ambdhkar Road, Khar West, Mumbai 400 052.

6. Bharat Singh Chauhan Former Secretary, All India Chess Federation Residing at : No.1874, Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

7. All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its President 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, Periamet, Chennai - 600 003.

... Defendants C.S. No.209 of 2020 Civil Suit praying that this Hon'ble Court may be pleased to pass a judgment and decree against the Defendant Nos.1-5 for:- 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 22.04.2020 between 11.00 A.M. - 01.00 p.m. 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 AICF to be held on 22.04.2020 between 11.00 AM - 01.00 p.m. via Zoom

application, as null and void;

C. Declaration that all the decisions taken and resolutions passed in "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020 between 11.00 AM - 01.00 PM via Zoom application as null and void;

D. Declaration that the disaffiliation Notices dated 02.05.2020 issued to plaintiff Nos.1 - 5 herein by defendants 1 - 5 on changed Letter Heads of AICF as null and void and non-est in law;

E. Permanent injunction restraining defendant Nos.1 - 6 and / or their men, agents, servants or any person acting for on behalf of the AICF in any manner whatsoever from interfering with Electoral College dated 06.02.2020 of the up-coming Election to the AICF until the declaration of the Elections to the Federation;

F. Permanent injunction restraining defendant Nos.1 - 6 and / or their men, agents, servants or any person acting for on behalf of the AICF from interfering with the administration of the AICF or giving effect to the decision taken at the "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020" between 11.00 AM - 01.00 PM via Zoom application until the declaration of the election to the Federation.

G. for costs of the present suit;

A. No.1864 of 2020 Application praying that this Hon'ble Court be pleased to stay the operation of the decisions taken at the "Special / Extra Ordinary General Body Meeting" dated 22.04.2020 held via ZOOM Application by Respondent Nos.1 to 6 herein.

A.No.2191 of 2020

1. Himachal Pradesh State Chess Association, (Ad-Hoc Committee) Through its Convener Mr.Sanjeev Thakur.

Aged years Residing at Ward No.7, Rahighat Theog, P.o. & Tehsil Theog, Shimla 171201 Himachal Pradesh.

2. All Rajputana Chess Association Through its Secretary Mr.Ashok Bhargava Having its registered office at 7/420, Malviya Nagar, Jaipur 302017.

... Applicants/Proposed Respondents vs

1. All Marathi Chess Association, Represented by its Gen. Secretary, Mr.Vijay Deshpande, Having Administrative Office at K-3, I/1 N-5, CIDCO Milan Nagar, Gulmohar Colony, Arungabad - 431 003, Maharashtra.

...1st Plaintiff/1st Respondent

2. Bengal Chess Association, Represented by its Gen. Secretary Mr.DilipRanjanChakraborty, Having its Registered Office at 107, K.K.Majumder Road, Santoshpur, Kolkata - 700 075, West Bengal.

...2nd Plaintiff/2nd Respondent

3. All Rajputana Chess Association, Represented by its President, Mr.Ajay Ajmera Having its registered Office at 7/420, Malviya Nagar, Jaipur - 302 017.

...3rd Plaintiff/3rd Respondent

4. The Andhra Pradesh Chess Association, Represented by its Gen. Secretary, Mr.Y.Suman, Having its Administrative Office at Opp. Aditya College, Adithya Nagar, Nellore - 524 002, Andhra Pradesh ...4th Plaintiff/4th Respondent

5. Himachal Pradesh State Chess Association, Represented by its President, Mr.Ajay Verma Having its Administrative Office at Near Tara Mandir, Birta, Kangra District - 174 001 Himachal Pradesh.

...5th Plaintiff/5th Respondent

6. Mr.Naresh Sharma, Aged about 62 years Secretary, the Haryana Chess Association, Having its registered Office at 305/12, Chandra Bhawan, Jawahar Nagar [Jacubpura],

Gurgoan, Haryana -122 001.

...1st Defendant/6th Respondent

7. Dr.VipneshBhardwaj, Aged about 67 years Secretary, the Chandigarh Chess Association, having its registered office at H.No.58, Sector 16-A, Chandigarh - 160 015.

...2nd Defendant/7th Respondent

8. Mr.Neeraj Kumar Mishra, Aged about 52 years Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

...3rd Defendant/8th Respondent 9.Bhavesh Patel Aged about 52 years Residing at Rifle's Club, Near Bhavan's College, Khanpur, Ahmedabad 380 001.

...4th Defendant/9th Respondent 10.Bhagyashree Thipsay Aged about 59 years Residing at 10, Smriti, Dr.Ambedkar Road, Khar West, Mumbai 400 052.

...5th Defendant/10th Respondent

11. Mr.Bharat Singh Chauhan Former Secretary, All India Chess Federation Residing at : No.1874, Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

...6th Defendant/11th Respondent

12. All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium,

Periamet, Chennai - 600 003.

...7th Defendant/12th Respondent Application praying that this Hon'ble Court be pleased to allow this Application for impleadment and implead the applicants as Defendants in C.S.No.209 of 2020.

A.No.2314 of 2020 Dr.VipneshBhardwaj, Aged about 67 years Secretary, the Chandigarh Chess Association, having its registered office at H.No.58, Sector 16-A, Chandigarh - 160 015.

...Applicant/2nd Defendant vs 1.All Marathi Chess Association, Represented by its Gen. Secretary, Mr.Vijay Deshppande, Having Administrative Office at K-3, I/1 N-5, CIDCO Milan Nagar, Gulmohar Colony, Arungabad - 431 003, Maharashtra.

...Respondent No.1/1st Plaintiff

2. Bengal Chess Association, Represented by its Gen. Secretary Mr.DilipRanjanChakraborty, Having its Registered Officer at 107, K.K.Majumder Road, Santoshpur, Kolkata - 700 075, West Bengal.

......Respondent No.2/2nd Plaintiff

3. All Rajputana Chess Association, Represented by its President, Mr.Ajay Ajmera Having its registered Office at

7/420, Malviya Nagar, Jaipur - 302 017.

.....Respondent No.3/3rd Plaintiff

5. Himachal Pradesh State Chess Association, Represented by its President, Mr.Ajay Verma Having its Administrative Office at Near Tara Mandir, Birta, Kangra District - 174 001 Himachal Pradesh.

Plaintiff's 1 to 5 rep by its Power of Attorney D.V.Sundar Vice President AICF ......Respondent No.5/5th Plaintiff

6. Naresh Sharma, Aged about 62 years Secretary, the Haryana Chess Association, Having its registered Office at 305/12, Chandra Bhawan, Jawahar Nagar [Jacubpura], Gurgoan, Haryana -122 001.

.....Respondent No.6/1st Defendant

7. Neeraj Kumar Mishra, Aged about 52 years Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

.....Respondent No.7/3rd Defendant

8.Bhavesh Patel Aged about 52 years Residing at Rifle's Club, Near Bhavan's College, Khanpur, Ahmedabad 380 001.

.....Respondent No.8/4th Defendant 9.Bhagyashree Thipsay Aged about 59 years Residing at 10, Smriti, Dr.Ambedhkar Road, Khar West, Mumbai 400 052.

.....Respondent No.9/5th Defendant

10. Mr.Bharat Singh Chauhan Aged about 62 years, No.1874 Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

.....Respondent No.10/6th Defendant

11. All India Chess Federation, Rep. by its President P.R.Venkatramaraja Head of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

.....Respondent No.11/7th Defendant Application praying that this Hon'ble Court be pleased to reject the Plaint in C.S.No.209 of 2020.

These suits along with these applications coming on this day before this Court for hearing in the presence of Mr.J.Sivanandaraj for Mr.P.J.Rishikesh, Advocates for the plaintiff in C.S.No.728 of 2019, C.S.Nos.185 and 207 of 2020 and Mr.J.Sivananadaraj for Mr.P.V.Sabaridas, advocates for the plaintiff in C.S.No.25 of 2020 and Mr.J.Sivanandaraj for Mr.Christopher Manoharan, Advocate for the

plaintiff in C.S.No.209 of 2020 and for the respondents 1 to 5 in A.Nos.2191 of 2021 and 2314 of 2020 and for the applicant in A.No.1864 of 2020 and Mr.Sanjay K.Chadha, Advocate for the 1st defendant in C.S.No.728 of 2019 and C.S.No.25 of 2020 and for the 6th defendant in C.S.No.185 of 2020 and C.S.No.207 and 209 of 2020 and Mr.A.K.Sriram for M/s.A.S.Kailasam Associates, Advocates for the 2nd defendant in C.S.No.728 of 2019 and C.S.No.25 of 2020 and for the 7th defendant in C.S.Nos.185, 209 of 2020 and for the 7th respondent in A.No.1865 of 2020 and for the 11th respondent in A.No.2314 of 2020 and Mr.R.Vishnu Kumar, Advocate for the defendants 1 to 5 in C.S.No.185 of 2020 and C.S.No.209 of 2020 defendants 1 & 2 in C.S.No.207 of 2020 and for the respondents 6 to 10 in A.No.2191 of 2020 and for the respondent 1 to 5 in A.No.

1865 of 2020 and for the applicant in A.No.2314 of 2020 and upon reading the plaints filed in C.S.No.728 of 2019 and C.S.No.25, 185, 207 and 209 of 2020 and the Judges Summons and the Affidavit of D.V.Sundar filed in A.No.1864 of 2020 and the Judges Summons and the Affidavit of Sanjeev Thakur and the Counter Affidavit of D.V.Sundar Filed in A.No.2191 of 2020 and the Judges Summons and the Affidavit of Vipnesh Bhardwaj and the Counter Affidavit of D.V.Sundar filed in A.No.2314 of 2020 and the order dated 09.11.2020 made in C.S.No.

payable to him, accordingly, a sum of Rs.15,40,968/- has to be paid to the Election Officer and the break up details have also been given by the Election Officer in the memo, and the learned Counsel for the Secretary of All India Chess Federation submitting that if the Court directs, the amount will be paid to the Election officer within a week and this Court doth recording the same and the learned counsel for the plaintiff's Mr.Sivanadaraj submitted that in view of the elections conducted and new officer bearers assumed office, the prayer in all the suits have become infructuous, the learned counsel appearing for the plaintiffs in C.S.No.185 of 2020 submitting that after election conducted to the All India Chess Federation, the newly elected Officers have conducted Annual General Meeting on 14.2.

2021 and though a decision has been taken to revoke the suspension of the plaintiffs, the show cause notice issued to them has not been withdrawn, in reply, the learned counsel for the Secretary, All India Chess Federation submitting that as the suspension has been revoked, the show cause notice automatically stands closed, it is ordered as follows:- That the suit in C.S.No.729 of 2019, C.S.Nos.25,185, 207 and 209 of 2020, be and are hereby dismissed as infructuous.

2. That these Application in A.Nos.1864, 2191 & 2314 of 2020 do stand closed.

3. That the Secretary of All India Chess Federation, be and is hereby directed to release a sum of Rs.15,40,968/- (Rupees Fifteen Lakhs Forty Thousands Nine Hundred and Sixty Eight only) towards Fees payable to the Election Officer within a week from the date of receipt of a copy of this order.

4. That there shall be no costs of this suits. WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF JUNE 2021.

Sd./- ASSISTANT REGISTRAR (O.S.-I) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY-10.08.2021 C.S. No.728 of 2019 and C.S.Nos.25, 185, 207 and 209 of 2020 and A.Nos.1864, 2191 and 2314 of 2020 ORDER:- DATED : 28.06.2021 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR FOR APPROVAL: 09.09.2021 APPROVED ON: 15.09.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Date : 28.06.2021 C.S.Nos.728 of 2019, 185 of 2020, 25 of 2020, 207 of 2020 & 209 of 2020 & A.Nos.1864. 2101, 2314 of 2020 C.S.No.728 of 2019 Mr.P.R.Venketrama Raja, President, All India Chess Federation, [Regd. Society, Regn. No.125/1958], Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

... Plaintiff Vs.

1. Mr.Bharat Singh Chauhan, Secretary of All India Chess Feberation, Office Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

2. All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its Hon Secretary, Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

.. Defendants Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 read with Section 151 of Code of Civil Procedure, 1951. a. Declaration to declare the Notice dated 30.11.2019 to convene the meeting of the Central Council on 22.12.2019 at 11.0 a.. issued by the first

defendant as null, void and non est since the same is contrary to the Constitution and Bye laws of the second defendant. b. Declaration to declare the Notice dated 07.12.2019 addressed to all the Office bearers of State Association and Institutional Members calling for a special meeting on 22.12.2019 at 12.30 PM issued by the 1st defendant as Null and Void and non est since the same is contrary to the Constitution and Bye laws of the second defendant.

e. for costs of the suit;

For plaintiffs : Mr.J.Sivanandaraj for Mr.P.J.Rishikesh For Defendants : Mr.Sanjay K. Chadha - D1 Mr.A.K.Sriram for M/s.A.S.Kailasam Associtate- D2 C.S.No.25 of 2020 Tamil Nadu State Chess Association, Hall No.75, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

Represented by its Hon. Secretary, Mr.P.Stephen Balasamy ... Plaintiff Vs.

1. Mr.Bharat Singh Chauhan, Member of the Three-member committee, All India Chess Federation,

having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

3. Mr.P.R.Venketarama Raja, Head of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

.. Defendants Suit filed under Order IV Rule 1 of the High Court O.S. Rules Read with Order VII Rule 1 of the Civil Procedure Code, 1908 for the following reliefs :

A. Declaration that the Notice dated 02.01.2020 issued by defendant No.1 to convene the Special Meeting of the General Body on 09.02.2020 at 11.30 A.M. in Ahmedabad, Gujarat, as null, void non est and unenforceable, since the same is contrary to the Constitution and Byelaws of Defendant No.2 and the notice of defendant No.3 dated 18.12.2019. B. Declaration that the Resolutions passed at Meeting of the Special General Body meeting of the AICF on 28.12.2019 in Bhopal circulated at the behest of Defendant No.1, having hijacked the said meeting as null and void;

purported notice dated 02.01.2020.

E. for costs of the present suit;

For plaintiffs : Mr.J.Sivanandaraj for Mr.P.J.Rishikesh For Defendants : Mr.Sanjay K. Chadha - D1 Mr.A.K.Sriram for M/s.A.S.Kailasam Associtate- D2 C.S.No.185 of 2020

1. Mr.P.R.Venketrama Raja, President & Head of three member Committee All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

2. Mr.D.V.Sundar Vice President, All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

3. Mr.Vijay Deshpande Interim Secretary and Member of three member Committee All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

4. Mr.Kishor Bandekar Treasurer and Member of three member Committee All India Chess Federation, [Regd. Society, Regn. No.125/1958],

having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

5. Mr.Ravindra Dongre, Senior Member, All India Chess Federation, [Regd. Society, Regn. No.125/1958], having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

... Plaintiffs .. Vs ..

1. Mr.Naresh Sharma, Secretary, the Haryana Chess Association, having its registered office at 305/12. Chandra Bhawan, Jawahar Nagar, [Jacubpura], Gurgoan, Haryana - 122 001.

2. Dr.VipneshBhardwaj, Secretary, the Chandigarh Chess Association, Having its registered Offfice at H.No.58, Sector 16-A, Chandigarh 0 160 015.

3. Neeraj Kumar Mishra, Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

4. Mr.Bhavesh Patel

5. Mr.Bhagyashree Thipsay

6. Bharat Singh Chauhan Former Secretary, All India Chess Federation Residing at : No.1874, Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

.. Defendants Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 read with Section 151 of Code of Civil Procedure, 1951. 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 22.04.2020 between 11.00 A.M. - 01.00 p.m. 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. 1st sent to all the members of the AICF confirming the conduct of the "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020 between 11.00 AM - 01.00 p.m. via Zoom application, as null and void;

c. Declaration that all the declarations taken and resolutions passed in "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020 between 11.00 AM - 01.00 PM via Zoom application as null and void;

d. Declaration that the show cause notice dated 26.04.2020 issued against plaintiff No.4 and show cause notice dated 02.05.2020 issued to plaintiff Nos.1 to 3 and 5 herein by defendant Nos.1 - 5 as null, void and non-est in law;

e. Declaration that the Letters of Suspension dated 12.05.2020 issued by defendant Nos.1 to 6 to plaintiff Nos.1 to 5, as illegal, null, void and non-est in law;

g. Permanent Injunction restraining Defendant Nos.1 to 5 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 / Exxtra Ordinary General Body Meeting of the AICF dated 22.04.2020" via Zoom Application.

h. for costs of the suit;

For plaintiffs : Mr.J.Sivanandaraj for Mr.P.J.Rishikesh For Defendants : Mr.R.Vishnukumar - D1 to D5 Mr.Sanjay K. Chadha - D6 Mr.A.K.Sriram for M/s.A.S.Kailasam Associtate- D7 C.S.No.207 of 2020 All India Chess Federation, [Regd. Society, Regn. No.125/1958], Rep. by its President Head of the Three-member committee, All India Chess Federation, having its registered office at Room No.70, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.

... Plaintiff Vs.

1. Mr.Naresh Sharma, Secretary, the Haryana Chess Association, Having its registered Office at 305/12. Chandra Bhawan, Jawahar Nagar, [Jacubpuram], Gurgoan, Haryana - 122 011.

2. Dr.VipneshBhardwaj, Secretary, the Chandigarh Chess Association,

Having its registered Offfice at H.No.58, Sector 16-A, Chandigarh 0 160 015.

3. Neeraj Kumar Mishra, Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

4. Mr.Bhavesh Patel

5. Mr.Bhagyashree Thipsay

6. Bharat Singh Chauhan Former Secretary, All India Chess Federation Residing at : No.1874, Ground Floor, Outram Line, Phulwari Block, GTB Nagar, Delhi - 110 009.

9. Indian Bank Chennai, Represented by its chief Manager, Harbour Branch, No.66, Rajaji Salai, Chennai - 600 001.

... Defendants Suit filed under Order IV Rule 1 of the Madras High Court O.S. Rules Read with Order VII Rule 1 of the Civil Procedure Code 1908. 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 22.04.2020 between 11.00 A.M. - 01.00 p.m. 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. 1st sent to all the members of the AICF confirming the conduct of the "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020 between 11.00 AM - 01.00 p.m. via Zoom

application, as null and void;

C. Declaration that all the declarations taken and resolutions passed in "Special / Extra Ordinary General Body Meeting of the AICF to be held on 22.04.2020 between 11.00 AM - 01.00 PM via Zoom application as null and void;

G. Permanent injunction restraining defendant Nos.1 - 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 in any manner whatsoever;

J. Permanent injunction restraining defendant Nos.1 - 6 and / or their men, agents, servants or any person acting for on behalf of the AICF in any

manner whatsoever from changing the letter head of the AICF, writing communications, making representations in any manner whatsoever until the declaration of the elections to the Federation; K. for costs of the present suit;

For plaintiffs : Mr.J.Sivanandaraj for Mr.P.J.Rishikesh For Defendants : Mr.R.Vishnukumar - D1 & D2 Mr.Snajay K. Chadha - D6 C.S.No.209 of 2020

2. Bengal Chess Association, Represented by its Gen. Secretary Mr.DilipRanjanChakraborty, Having its Registered Officer at 107, K.K.Majumder Road, Santoshpur, Kolkata - 700 075, West Bengal.

3. All Rajputana Chess Association, Represented by its President, Mr.Ajay Ajmera Having its registered Office at 7/420, Malviya Nagar, Jaipur - 302 017, Rajasthan.

4. The Andhra Pradesh Chess Association, Represented by its Ge. Secretary,

Mr.Y.Suman, Having its Administrative Office at Opp. Aditya Collee, Adithya Nagar, Nellore - 524 002, andhra Pradesh

5. Himachal Pradesh State Chess Association, Represented by its President, Mr.Ajay Verma Having its Administrative Office at Near Tara Mandir, Birta, Kangra District - 174 001 Himachal Pradesh Plaintiff Nos. 1 to 5 represented by Powere of Attorney Mr.D.V.Sundar, Vice President, AICF ... Plaintiffs Vs.

1. Mr.Naresh Sharma, Secretary, the Haryana Chess Association, Having its registered Office at 305/12, Chandra Bhawan, Jawahar Nagar [Jacubpura], Gurgoan, Haryana -122 001.

2. Dr.VipneshBhardwaj, Secretary, the Chandigarh Chess Association, having its registered office at H.No.58, Sector 16-A, Chandigarh - 160 015.

3. Mr.Neeraj Kumar Mishra, Secretary, the All Jharkhand Chess Association, having its registered office at - Birla Campus - Ranchi, Purulia Road, Village - Ara, P.O. - Mahilong, Ranchi - 835 103.

4. Mr.Bhavesh Patel

5. Mr.Bhagyashree Thipsay

6. Mr.Bharat Singh Chauhan,

D. Declaration that the disaffiliation Notices dated 02.05.2020 issued to plaintiff Nos.1 - 5 herein by defendants 1 - 5 on changed Letter Heads of AICF as null and void and non-est in law;

AICF to be held on 22.04.2020" between 11.00 AM - 01.00 PM via Zoom application until the declaration of the election to the Federation. G. for costs of the present suit;

For plaintiffs : Mr.J.Sivanandaraj for Mr.Christopher Manoharan For Defendants : Mr.R.Vishnukumar - D1 to D5 Mr.Sanjay K.Chadha - D6 Mr.A.K.Sriram for M/s.A.S.Kailasam Associtate- D7 C O M M O N J U D G M E N T All the suits have been filed with regard to the affairs and calling for extraordinary general body meeting and for declaration that the resolutions passed in the extraordinary general body meeting as void and non est in law and also for a declaration that the notice issued to the plaintiffs is void and also for consequential injunction.

2. In all the suits, this Court by its Order dated 27.01.2021, appointed an Election Officer for conducting election to All India Chess Federation. Now it is not disputed that the election process has been completed and the newly elected office bearers have also assumed the Office.

3. The election officer has filed a report along with memo of fee and expenses payable to him. Accordingly, a sum of Rs.15,40,968/- has to be paid to the election officer and the break up details have also been given by the election officer in the memo.

4. In such view of the matter, the newly elected body has to pay a sum of Rs.15,40,968/- to the election officer. Mr.Sanjay K Chadha, the learned counsel appearing for the Secretary of All India Chess Federation submitted that if the Court directs, the amount will be paid to the Election Officer within a week. His submission is recorded. Accordingly, this Court directs the Secretary, All India Chess Federation to pay the fees claimed by the Election Officer within a week from the date of receipt of a copy of this judgment.

5. The learned counsel appearing for the plaintiffs Mr.Sivanadaraj submitted that in view of the elections conducted and new officer bearers assumed office, the prayer in all the suits have become infructuous.

6. The learned counsel appearing for the plaintiffs in C.S.No.185 of 2020 submitted that after election conducted to the All India Chess Federation, the newly elected Officers have conducted Annual General

Meeting on 14.2.2021 and though a decision has been taken to revoke the suspension of the plaintiffs, the show cause notice issued to them has not been withdrawn. In reply, the learned counsel appearing for the Secretary, All India Chess Federation submitted that as the suspension has been revoked, the show cause notice automatically stands closed.

7. In such view of the matter, these suits are dismissed as infructuous. No costs. Consequently, connection applications are closed. The Secretary of All India Chess Federation is directed to release the amount payable to the Election Officer within a week. Sd./- N.S.K.J 28.06.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.