High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM & THE HONOURABLE MR. JUSTICE S.K. KRISHNAN
P.T.Ummer Koya & Others - Appellant
Versus
Tamil Nadu Chess Association, represented by its Hon.Secretary & Others - Respondents
O.S.A.Nos.65 and 72 of 2005 and C.M.P.Nos.6267, 7054, 7203 and 7402 of 2005
Decided On : 05 May 2005
Jurisdiction - All India Chess Federation - Societies Registration Act, 1860 - Tamil Nadu Societies Registration Act, 1975 - [SOCIETIES REGISTRATION ACT, 1860, TAMIL NADU SOCIETIES REGISTRATION ACT, 1975] - The court held that the Original Side of the Court had jurisdiction over the reliefs prayed for in the suits filed against the All India Chess Federation. The court considered the averments made in the plaint and the specific assertions regarding the registration of the All India Chess Federation under the Societies Registration Act, 1860 and the Tamil Nadu Societies Registration Act, 1975. The court concluded that there was no valid reason to revoke the leave granted earlier and dismissed the applications filed for revocation of leave.
Fact of the Case:
The suits were filed against the All India Chess Federation by various chess associations seeking permanent injunctions and other reliefs. The appellants in the appeals filed applications to revoke the leave to sue granted in the original suits, arguing that the Court did not have jurisdiction over the matter.
Finding of the Court:
The Court found that it had jurisdiction over the reliefs prayed for in the suits filed against the All India Chess Federation. The Court considered the averments made in the plaint and specific assertions regarding the registration of the All India Chess Federation under the Societies Registration Act, 1860 and the Tamil Nadu Societies Registration Act, 1975. The Court concluded that there was no valid reason to revoke the leave granted earlier and dismissed the applications filed for revocation of leave.
Issues: The main issue was whether the Original Side of the Court had jurisdiction in respect of the reliefs prayed for in the suits filed against the All India Chess Federation.
Ratio Decidendi: The Court held that in order to ascertain whether the Court has jurisdiction or not, the averments made in the plaint alone should be taken into consideration. The Court considered the specific assertions regarding the registration of the All India Chess Federation under the Societies Registration Act, 1860 and the Tamil Nadu Societies Registration Act, 1975. The Court also emphasized that an application for revocation of leave should be made at the early stage of the suit and delay and acquiescence is a bar to such an application.
Final Decision: The Court dismissed the appeals as devoid of merits and held that there was no valid reason to revoke the leave granted earlier. The Court also concluded that it had jurisdiction over the reliefs prayed for in the suits filed against the All India Chess Federation.
Common Judgment (P. Sathasivam, J.)
Since the issue raised is one and the same in both the appeals, they are being disposed of by the following common order. O.S.A.No.65 of 2005 has been filed against the order of learned Single Judge of this Court dated 17-03-2005 made in Application No.755 of 2005 in C.S.No.52 of 2005 in and by which the learned Judge dismissed the said application filed to revoke the leave to sue granted in Application No. 279/2005 in C.S.No.52/2005 dated 25-1-2005. O.S.A.No.72/2005 has been filed against order of the learned Judge dated 28-03-2005 passed in Application No. 1453/2005 in C.S.No.211 of 2005 on the file of Original jurisdiction of this Court in and by which the learned Judge dismissed the said application filed to revoke the leave to sue granted to the plaintiffs for filing suit on 2-3-2005 in Application No. 1088/2005 in C.S.No.211/2005. The learned Judge by separate but giving identical reasons dismissed both the applications; hence the above appeals.
2. P.T. Ummer Koya, Honourary Secretary of All India Chess Federation (‘AICF’ in short), Calicut is the appellant in O.S.A.No. 65/2005; whereas V.R. Bobba, Honorary Treasurer, All India Chess Federation (‘AICF’ in short), Vijayawada, Andhra Pradesh is the appellant in O.S.A.No. 72/2005.
3. Heard both parties.
4. The only point for consideration in both these appeals is, whether the Original Side of this Court has got jurisdiction in respect of the reliefs prayed for in both the suits; and whether the learned Single Judge is right in holding that the suits laid before the Original Side of this Court are maintainable and right in dismissing the applications filed for revocation of the leave.
5. Tamil Nadu State Chess Association, Chennai-3, Delhi Chess Association, New Delhi-9, and Maharashtra Chess Association, Sangli-16 through their Honorary Secretaries filed suit in C.S.No. 52 of 2005 before the Original Side of this Court against M.N. Srinivasan, Honorary President of All India Chess Federation; P.T. Ummer Koya, Honorary Secretary, All India Chess Federation, Calicut; and Sowmen Majumdar, Honourary Treasurer, All India Chess Federation, Kalkotta-17 praying for the following reliefs:
(a)permanent injunction restraining the second and third defendants from holding any post in the All India Chess Federation till they are absolved of the charges of misfeasance and malfeasance; and
(b)permanent injunction restraining the second and third defendants from interfering with the day-to-day administration and activities of the All India Chess Federation in any manner and in any capacity.
Since defendants 2 and 3 are residing outside the original jurisdiction of this Court, the plaintiffs filed Application No. 279/2005 and obtained leave to sue at Chennai. They also filed Original Application No. 61/2005 praying for an interim injunction restraining the 2nd respondent from acting as All India Chess Federation’s representative and functioning as the Vice-President of FIDE and Chairman of the Commonwealth Chess Association, pending disposal of the suit. They also filed O.A.No.62/2005 praying for interim injunction restraining the second and third respondents from interfering with the day-to-day administration and activities of the All India Chess Federation in any manner and in any capacity pending disposal of the suit. By Order dated 31-01-2004 in both O.As., interim injunction were granted by a Single judge of this Court. The second defendant, namely, P.T. Ummer Koya, Honorary Secretary of the AICF filed Application Nos. 517 and 518/2005 praying to vacate the temporary injunction granted in O.A.Nos.61 and 62/2005 dated 31-1-2005 respectively. He (P.T. Ummer koya) filed another Application namely Application No. 755/2005 to revoke the leave to sue granted in Application No. 279/2005 dated 25-1-2005. As in the other case, the very same plaintiffs in C.S.No. 52/2005 also filed another suit namely C.S.No. 211/2005 before the Original Side of this Court
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