Point of Law: Arbitration - petitioners have to settle their disputes before the Arbitration Commission appointed by the IOA and have no cause to approach this Court for resolving their disputes.

ORDER:

The petitioner, Andhra Pradesh Olympic Association, represented by its General Secretary, R.K.Purushotham (Registration No.569/2016) filed Writ Petition No.46255 of 2018 to issue a writ of mandamus declaring the letters bearing No. IOA/AGM/109/2018/ 2601 dated 22.11.2018 and No.IOA/GO/ANG-153/2505 dated 26.11.2018 as bad, arbitrary, capricious and in deliberate ignorance of the award No.1 of 2017 dated 24.12.2017 passed by the Arbitral Tribunal pursuant to the directions of this Court in W.P.Nos.15255 of 2016 and W.P.No.17965 of 2015 dated 05.09.2017 confirming the affiliation of the petitioner to 2nd respondent, with a consequential direction to the 2nd respondent to communicate all the circulars, letters and events to be conducted by the 2nd respondent to the petitioner.

2. The case of the petitioner in WP.No.46255 of 2018 is that after bifurcation of the State of Andhra Pradesh with effect from 02.06.2014, several writ petitions were filed by the erstwhile Andhra Pradesh Olympic Association claiming an alleged right to represent the State of Andhra Pradesh before Indian Olympic Association (in short IOA) - 2nd respondent ignoring the fact that the 2nd respondent had conducted elections on 04.04.2015 by sending its Observer and by letter dated 07.04.2015 confirmed the affiliation to the petitioner, including the body that was elected in the elections held on 04.04.2015. While so, W.P.Nos.15255 of 2016 and 17965 of 2015 came to be filed before the erstwhile combined High Court challenging the affiliation given by the 2nd respondent in favour of the petitioner and both the writ petitions were disposed of by a common order by a Division Bench of combined High Court of Andhra Pradesh on 05.09.2017 directing the 2nd respondent to constitute a Committee of Arbitrators of retired High Court Judges to examine and decide the issues as to which party is entitled to represent the residuary State of Andhra Pradesh. In pursuance to the direction of this Court, a committee of Arbitrators were appointed comprising of Justice K. Sreedhar Rao, former Acting Chief Justice, Guwahati High Court as the Presiding Arbitrator, while Justice R.B.Misra, former Acting Chief Justice, Himachal Pradesh High Court and Justice V.Jagannatham, former Jude, High Court of Karnataka, as Co-Arbitrators, who entered the reference, upon which the erstwhile A.P.Olympic Association filed its claim statement and the petitioner herein filed its reply statement and thereafter the Arbitral Tribunal passed an Award in Arbitration Case No.1/2017 on 24.12.2017 as follows:

“(a) The claimant society/association is not entitled to represent and claim affiliation from the IOA since the election to the claimant society is not held as per the norms and guidelines of the IOA.

(b) The affiliation given to the respondent society/association by the IOA is held valid since the elections are held as per the norms and guidelines of the IOA.

(c) The 1st prayer in the claim statement is rejected and the counter claim also stands rejected.

(d) The respondent is entitled all the costs of this arbitration proceedings and the claimant is directed to reimburse to the respondent all the expenses incurred till date by the respondent. The amounts due to the respondent shall be paid by the claimant within 60 days of this award.

(e) This Arbitral Tribunal holds lien over the Award in accordance with Section 39 of the Arbitration & Conciliation Act, 1996 and consequently the award copy is not furnished to either of the parties.

(f) The Stamp Duty payable on this Award will be in accordance with law as applicable in the State of Andhra Pradesh.

3. This Court on 25.12.2018 in I.A.No.1/2018 granted the following interim order:

“The grievance of the petitioner, in the present Writ Petition, is that, despite an ward passed by a panel of Arbitrators, appointed by the Indian Olympic Association, pursuant to the order of this Court, dated 05.09.2017, in W.P.No.17965 of 2015 and 15255 of 2016, holding that th