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Madras High CourtOA/913/2018dismissed

Chennai Football Association v. Tamil Nadu Football Association

2020-07-28Honourable Mr Justice N. Sathish Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.8.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR O.A.No.192 of 2018, O.A.591 of 2018 and O.A.No.812 of 2018 and A.No.8586 of 2017 and A.No.1739, 2367, 4583, 4584 and 4658 of 2018 Chennai Football Association, Rep. by its President, Rohit Ramesh, No.73, Jawaharlal Nehru Stadum, Chennai 600 003.

... Applicant in O.A.No.913, 914, 56, 57, 192, and 812 of 2018 Yound Hunters Football Club Rep. by its Secretary Mr.S.Anandaraj, Having office cum residence at No.161, NTH Road, Villivakkam, Chennai 600 049.

....Applicant in O.A.No.34 of 2018 Vs.

1. Tamil Nadu Football Association, Rep. by its President, No.73, Jawaharlal Nehru Stadum, Chennai 600 003.

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2. Mr. Jesiah Villavarayar, Ex.President - Tamilnadu Football Association, 39, Emperor Street, Thoothukudi 628 001.

.. Respondents in O.A.No.913, 914, 34 56, 57, 192, and 812 of 2018 In O.A.No.591 of 2018 inO.A.No.56 of 2018

1. Tamil Nadu Football Association, Rep. by its President, No.73, Jawaharlal Nehru Stadum, Chennai 600 003.

... Applicant Vs.

1. Chennai Football Association, Rep. by its President, Rohit Ramesh, No.73, Jawaharlal Nehru Stadum, Chennai 600 003.

2. Mr. Jesiah Villavarayar, Ex.President - Tamilnadu Football Association, 39, Emperor Street, Thoothukudi 628 001.

.. Respondents In A.No.4583 of 2018 in O.A.No.56 of 2018 In A.No.4584 of 2018 in O.A.No.57 of 2018 In A.No.4658 of 2018 in O.A.No.34 of 2018

1. Mr.Sivanandan

2. Mr.B. Kumar ... Proposed parties/applicants Vs.

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1. Chennai Football Association, Rep. by its President, Rohit Ramesh, No.73, Jawaharlal Nehru Stadum, Chennai 600 003.

...1st respondent /1st respondent

2. Tamil Nadu Football Association, Rep. by its President, No.73, Jawaharlal Nehru Stadum, Chennai 600 003.

3. Mr. Jesiah Villavarayar, Ex.President - Tamilnadu Football Association, 39, Emperor Street, Thoothukudi 628 001.

.. 2nd and 3rd respondents/ respondents Prayer in OA.No.913 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of interim injunction restraining the first respondent, its men, agents, servants from convening and /or conducting the Extra Ordinary Congress of the first respondent (General Body of TFA) proposed to be held on 07.10.2018 at Rajeswari Navaraj Mahal, No.118, S.V.Nagar, Gandhi High Road, Orgadam, Ambattur (Near Ambedkar Statutue), Chennai 600 053 in the Revenue District of Tiruvallore or at Avadi.

Prayer in OA.No.914 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of injunction restraining the first respondent or any one claiming through 3/8

under it from enforcing all the resolutions passed at the Executive Board Meeting of the first respondent held on 02.09.2018 at Tirunelveli or actin upon the said resolutions in any manner.

Prayer in OA.No.34 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9(ii) of the Arbitration and Conciliation Act, 1996 to grant an order of interim injunction restraining the respondents from convening and /or conducting the proposed Extra Ordinary Congress of the first respondent to be held on 21.01.2018 (Sunday) at 3.00 P.M. at Hotel King Palace, Opp. to Old Check Post, kRameshwaram Road, Ramanathapuram or on any other dates, pursuant to the notice dated 02.01.2018, pending disposal of the original application.

Prayer in OA.No.56 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of interim stay of the operation of the order dated 12.01.2018, passed by the first respondent by superseding the applicant association until the final disposal of Original Application.

Prayer in OA.No.57 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of interim injunction from convening the proposed Extra Ordinary Congress of the 1st respondent to be held on 21.01.2018 at 3.00 P.M. at Hotel Kiings Palace, 4/8

Ramanathapuram, Tamil Nadu, until final disposal of the original application.

Prayer in OA.No.192 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of interim injunction restraining the respondent association from giving effect to the decision made in the Executive Board Meeting and Ordinary congress held on 21.01.2018 at Ramanathapuram pending disposal of the arbitration proceedings.

Prayer in OA.No.591 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 (2)(a)(b)(d)(e) of the Arbitration and Conciliation Act, 1996 to grant an order of interim injunction restraining the first respondent from conducting the Annual General Body Meeting to be convened by the Chennai Football Association on 30.06.2018 or any other date subsequently, at No.73, Jawaharlal Nehru Stadium, Park Town, Chennai 600 003 or at any other place till the disposal of the Arbitration Proceedings as and when initiated.

Prayer in OA.No.812 of 2018: Original Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of interim injunction restraining the respondents from conducting the Executive Board Meeding of the 1st respondent proposed to be held on 02.09.2018 at Hotel Palmyra Grand Suite, No.996/1, Vasantha Nagar, Near New Bus 5/8

Stand, Tirunelveli-5 or any other dated without complying the mandatory statutory provision of issuing proper notice to the applicant as per constitution.

Prayer in A.No.4583 of 2018 in O.A.No.56 of 2018; A.No. 4584 of 2018 in O.A.No.57 of 2018; A.No.4658 of 2018 in O.A.No.34 of 2018: Applications filed under Order XIV Rule 8 of the High Court Original Side Rules and Order 1 Rule 10(2) read with 151 of CPC and Section 9 of the Arbitration and Conciliation Act, 1996, to implead the applicants as parties /respondents in O.A.No.56 of 108, O.A.No.57 of 2018 and O.A.No.34 of 2018 respectively.

In O.A.No.913, 914,56, 57, 192, and 812 of 2018 For Applicant : M/s Adeesh Anto For Respondents : Mr.P.V.Balasubramanian for BPS Legal In O.A.No.591 of 2018 in O.A.No.56 of 2018 For Applicant : Mr.P.V.Balasubramanian for BPS Legal For first respondent : M/s Adeesh Anto ***** For Proposed Party : M/s Priyanka Mr. K.V.Babu ***** 6/8

Common Order This Court by order, dated 28.7.2020 disposed of all the aforesaid applications. The matter has been listed today under the caption 'Being Mentioned' at the instance of the applicants. The learned counsel appearing for the applicant seeks to review the order passed by this Court, dated 28.7.2020.

2. The order of this Court, dated 28.7.2020 cannot be reviewed by this Court on being mentioned. Hence, it is open to the applicants to file appropriate application to review the order passed by this Court.

21.08.2020 Index: yes/no Internet: yes/no Speaking/Non speaking order vaan 7/8

N. SATHISHKUMAR, J.

vaan O.A.No.192 of 2018, O.A.591 of 2018 and O.A.No.812 of 2018 and A.No.8586 of 2017 and A.No.1739, 2367, 4583, 4584 and 4658 of 2018 21.08.2020 8/8