ANU MALHOTRA, J.

1. This FAO 413/2018 filed by the appellant, the Delhi & District Cricket Association (hereinafter referred to as the DDCA) against the respondent No.1 Mr.Vinod Tihara with the i.e., the Board of Control for Cricket in India through its Secretary and the Ombudsman (Delhi) of the DDCA arrayed as proforma respondents No. 2 and 3 to the appeal vide which the appellant assails the impugned orders dated 28.8.2018 and 30.8.2018 of the learned Additional District Judge-06 (Central), Delhi in CS No. 5963/2018, whereby vide order dated 30.8.2018 inter alia the order dated 28.8.2018 has been reiterated, vide which order dated 28.8.2018, the operation of the suspension order stated to be undated and purportedly dated 14.8.2018, suspending Mr.Vinod Tihara, the respondent No.1 to the present appeal, and arrayed as the plaintiff of CS 5963/2018 as issued by the Delhi & District Cricket Association through its Board of Directors was stayed till further order/decision on the interim application filed by the plaintiff, i.e., the respondent No.1 to the present appeal under Order XXXIX Rule 1 & 2 of the Code of the Civil Procedure, 1908 on merits with further directions to the Delhi & District Cricket Association i.e., the respondent No.1 to the said suit and arrayed as the appellant to the present appeal, not to restrain or cause any obstruction to the plaintiff of the suit i.e. Vinod Tihara in discharge of his duties and functions as Secretary, DDCA till further orders/decisions on the interim application under Order 39 Rule 1 & 2 of the Code of Civil Procedure.

2. Vide the impugned order dated 30.8.2018, it was observed by the learned Trial Court to the effect that it found no reason to change the order dated 28.8.2018 but the defendant no.1, i.e., the Delhi & District Cricket Association, the appellant before this Court, was given an opportunity to file its written submissions within thirty days from the date 30.8.2018 and was also granted an opportunity to defend the application of the plaintiff under Order XXXIX Rule 1 & 2 of the CPC on the merits, if in its written statement it was able to bring a new fact on record that was not presented or argued till the order dated 30.8.2018 and the application filed by the Delhi & District Cricket Association, i.e., the defendant no.1 to said suit i.e. the defendant no.1 to the said suit, i.e., the present appeal filed under Order 39 Rule 4 of the Code of the Civil Procedure, 1908 seeking vacation of the order dated 28.8.2018 was dismissed. The application of the plaintiff, i.e., the respondent no.1 to the present appeal under Order XXXIX Rule 1 & 2 of the Code of the Civil Procedure, 1908 was however kept pending to afford an opportunity to the defendant to contest it on merits on the basis of the written statement to be filed by them and the matter has since been renotified before the learned Trial Court for the date 1.10.2018.

3. The respondent No.1, who is arrayed as the only contesting respondent put in appearance and has been heard and the caveat 779/2018 was thus discharged on 7.9.2018.

4. Arguments were addressed on behalf of the appellant by the learned Senior Advocate Ms.Pinky Anand, and on behalf of the respondent No.1 by his learned Senior Advocate, Mr.Salman Khurshid, both assisted by their learned Associate counsel.

5. Written submissions have been submitted on behalf of both, the appellant and the respondent No.1.

6. The respondent No.1, admittedly, was elected as the Secretary of the Delhi & District Cricket Association i.e., the respondent No.1 pursuant to an election in its General Body in an Annual General Body Meeting held on 30/6/2018 and contends that by virtue of Article 38 of the amended Articles of Association of the defendant no.1 i.e., the appellant herein he, the respondent no. 1 has a fixed term of three years as an Office Bearer as an Elected Secretary. The defendant no.1 to the suit i.e., the appellant is submitted to be incorporated and registered