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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN
Basketball Federation of India, a recognized body of Government of India, rep. by its Adhoc Committee Versus
Tamil Nadu Basketball Association, rep. by its Hon. Secretary A.D. Sendhureeswaran & Another
C.R.P.(P.D.) No.902 of 2009
Decided on: 12-08-2009
Fraudulent Suit - Tamil Nadu Basketball Association - Tamil Nadu Societies Registration Act, 1975 - Summary of Acts and Sections: Tamil Nadu Societies Registration Act, 1975 - The court discussed the fraudulent suit filed by the first respondent, the election process, and the suppression of relevant materials. The court also highlighted the provisions of Order 7 Rule 11 CPC and the scope of exercise of power by a High Court under Article 227 of the Constitution of India.
Fact of the Case:
The suit was filed by the first respondent to restrain the revision petitioner from conducting an election for the District Basketball Associations. The trial Court granted an interim injunction, and the revision petitioner filed a revision petition to reject the plaint on the ground of abuse of process of Court.
Finding of the Court:
The court found that the first respondent filed a fraudulent suit, suppressed material facts, and obtained an Order playing fraud on the Court. The court also noted that the trial Judge had very mechanically passed the Order of injunction without justifiable reasons.
Issues: The issues included the fraudulent suit filed by the first respondent, the suppression of relevant materials, and the grant of an Order of injunction without justifiable reasons.
Ratio Decidendi: The court emphasized the need for the trial Court to consider the maintainability of the suit and the effective remedy provided under Order 7 Rule 11 CPC. The court also highlighted the limited role of the High Court in exercising its supervisory jurisdiction under Article 227 of the Constitution of India.
Final Decision: The court granted liberty to the revision petitioner to approach the Trial Court for appropriate reliefs and directed the Trial Court to dispose of the interlocutory application on merits and as per law within thirty days.
The petitioner herein is aggrieved by the registration of plaint in O.S.No.2531/2009 on the file of the VI Assistant City Civil Court, Chennai.
The facts :-
2. The suit in O.S.No.2531/2009 was preferred by the first Respondent before the trial Court. The material averments in the plaint read thus :-
(a)The plaintiff is a recognized Association registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. The Society was formed for the purpose of promoting, encouraging and controlling the game of basketball in Tamil Nadu and to safeguard the amateur and professional spirit, governing all members, their member clubs, organizations and institutions, and promoting basketball by laying down rules and regulations.
(b)Tamil Nadu Basketball Association is managed by the General Council which is the supreme body. All the District Basketball Associations are the members of the General Council. At present, all the 31 revenue districts of Tamil Nadu are having Basketball Associations and are members in the General Council. The General Council elects the office bearers, i.e. President, Secretary and Treasurer. The affairs of the Association are managed through an Executive Committee consisting of the office bearers, four vice presidents, three Joint Secretaries, Five Executive Committee Members from four zone and also the nominated members. Though the Tamil Nadu Basketball Association was started in the year 1955, there was no formal constitution. It was only in the year 1983, when A.N.Dyaneshwaran and his team were elected, basketball associations were created in all the districts of the State and during the General Council meeting in 1987, a well laid down constitution was adopted to lay down the rules and regulations for the Tamil Nadu Basketball Association. The Government of Tamil Nadu allotted larger extent of land on long term lease from Corporation of Chennai for construction of an indoor stadium in 1988.
(c)Tamil Nadu Basketball Association was functioning to the satisfaction of all the basketball players and it was also promoting, encouraging and controlling the game of basketball. The association was also recognized by the Sports Development Authority of Tamil Nadu and by the Tamil Nadu Olympic Association.
(d)The plaintiff association during the course of its operation was forced to suspend certain members for having committed certain grave irregularities and having found that their actions were against the rules and regulations of the Association. Those members started a rival association in the name and style of Tamil Nadu Basketball Association and they also started to use the very same logo. Therefore, there was stalemate in the functioning of the Tamil Nadu Basketball Association including the selection of the State team under various heads for the purpose of participation in the National Championship conducted by the Basketball Federation of India as well as various level tournaments in the State of Tamil Nadu. When the stalemate in the functioning of the Association was brought to the knowledge of the Basketball Federation of India, an assessment of the Association was made by the All India Federation and accordingly, an ad hoc committee was appointed under the Chairmanship of Thiru.K.Govindarajan from Karnataka and Thiru.V.Ragothaman from Pondicherry as convenor as per the communication dated 24, September, 2008. However, there was nothing indicated in the said communication about the statutory provision in the constitution which authorizes All India Federation and the Basketball Federation of India for appointment of an ad hoc committee.
(e)The Secretary General of the Basketball Federation of India convened a meeting of both the rival groups on 22.01.2009 at Chennai to discuss about the various aspects regarding the administration and functioning of the Tamil Nadu Basketball Association. In the said meeting, it was decided to recognize the basketball clubs registered in 20082009 as clu
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