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2013 Supreme(Mad) 1405

High Court of Judicature at Madras
M. JAICHANDREN & M.M. SUNDRESH, JJ.
Basket Ball Federation of India rep. by its Honorary Secretary General Ajay Sud & Another
Versus
N.S. Ziauddeen & Others
Original Side Appeal Nos. 257 & 258 of 2012 & M.P. Nos. 1 & 1 of 2012
Decided on : 26-03-2013

Advocates appeared:
For the Appearing Parties:P.S. Raman, S.C. for M/s BFS legal, M. Vaidyanathan for S. Lokaiah, G. Rajagopal S.C for S. Jayakumar, Thanjai P.N. Chezhiyan, Advocates.

The main legal point established in the judgment is that the plaintiff must demonstrate a prima facie case, balance of convenience, and irreparable loss to obtain an order of injunction. The court also emphasized the importance of maintaining the jurisdiction and authority of the defendants.

Headnote:

Basketball Association - Jurisdiction of First Defendant - Societies Registration Act, 1860, Tamil Nadu Societies Registration Act, 1975 - Section 22 of the Limitation Act - Order of Injunction - Prima Facie Case - Balance of Convenience - Irreparable Loss

Fact of the Case:

The case involves a dispute between two groups vying for pivotal positions in the Tamil Nadu Basketball Association. The plaintiff filed a suit seeking declaration and permanent injunction against the first defendant, challenging the authority of the first defendant to interfere with the affairs of the second defendant. The plaintiff also sought an injunction restraining the first defendant from recognizing the activities and functioning of the State Level office bearers and Executive Committee members of the Tamil Nadu Basketball Association.

Finding of the Court:

The court found that the plaintiff lacked prima facie case, balance of convenience, and irreparable loss. It held that the suit's maintainability was in doubt and the learned single Judge ought not to have granted an order of injunction. The court also noted that the plaintiff did not challenge his alleged removal as President of the District Association and sought an injunction against the office bearers with whom he did not have any direct grievance. The court allowed the appeals and requested the learned single Judge to expedite the final hearing of the civil suit.

Issues: The issues involved the jurisdiction of the first defendant, the maintainability of the suit, and the grant of an order of injunction.

Ratio Decidendi: The court held that the plaintiff lacked prima facie case, balance of convenience, and irreparable loss. It also noted that the suit's maintainability was in doubt and the learned single Judge ought not to have granted an order of injunction. The court allowed the appeals and requested the learned single Judge to expedite the final hearing of the civil suit.

Final Decision: The appeals were allowed, and the learned single Judge was requested to expedite the final hearing of the civil suit.

Judgment :-

M.M. Sundresh, J.

1. These original side appeals have been preferred by the appellants, who are the defendants in the suit in C.S.No.187 of 2012, challenging the order of the learned single Judge, granting an order of injunction in O.A.No.214 of 2012 in C.S.No.187 of 2012 dated 10.07.2012.

2. For the sake of brevity, the parties in these appeals are referred to in the same manner as mentioned in the plaint.

3. The facts in brief are as follows:

3.1. This case has got a chequered history. There are two different groups vying for pivotal positions to the Tamil Nadu Basket Ball Association, which is a body constituted under the Tamil Nadu Societies Registration Act, with a laudable object of conducting and developing the game of Basketball. There are a number of suits filed at the instance of the persons owing the allegiance to both the groups. Interim orders were also passed against some from functioning in their official capacity representing the Association.

3.2. The Basketball Federation of India, who is the appellant in O.S.A.No.257 of 2012 is the first defendant. The appellant in O.S.A.No.258 of 2012 is the second defendant, having been declared elected in pursuant to the appointment of Adhoc Committee by the first defendant to manage the affairs of the Tamil Nadu Basketball Association. The first defendant has been registered under the Societies Registration Act, 1860 (Central Act XXI of 1860). The Adhoc Committee was appointed by the appellant/first defendant, in and by the order dated 24.09.2008. The Adhoc Committee constituted, consisted of members from both groups. It has been decided by the first defendant to conduct election to the second defendant in view of the then prevailing dispute between the two groups. By the meeting convened by the first defendant on 02.02.2009, it has been decided among the two groups to hold the elections for the second defendant. Thereafter, the Adhoc Committee consisting of members from both the groups held its meeting on 08.02.2009. Further, on 23.03.2009, one more meeting was held by the Adhoc Committee, by which, both the groups had their persons as the Election Committee members formed by the Adhoc Committee. It was also resolved to conduct the elections on the zonal basis with secret ballets covering the Districts of the State of Tamil Nadu. Accordingly, one vote has been assigned for each registered club towards the conduct of the District Level Election.

3.3. A suit was filed by the one person from the side of one of the groups allegedly belonging to the group of the plaintiff before the City Civil Court, Chennai, in O.S.No.2531 of 2009 which was filed challenging the election. The said suit was filed just prior to the election proposed to be conducted by the Election Committee. An order of injunction was obtained on 03.04.2009. As against an ex-parte order of injunction, a revision was filed invoking the jurisdiction of this Court under Section 227 of the Constitution of India in C.R.P.(PD)No.902 of 2009. This Court has directed to conduct election, but the results to be withheld. Thereafter, a detailed order was passed on 12.08.2009, by which, strong observations have been made by this Court, on the plaintiff therein to the effect that he has suppressed the material facts. The observation of this Court in C.R.P.No.902 of 2009 dated 12.08.2009 are extracted hereunder.`

"Suppression of relevant materials:-

17. The course of conduct adopted by the Honorary Secretary of the Association clearly shows that his intention was to obtain an order of Interim Injunction at any cost so as to stall the election process. The Order dated 17.09.2008 in O.A.No.999/2008 in C.S.No.882/2008 clearly shows that the Honorary Secretary and his father and brother along with the President of the Tamil Nadu Basketball Association were restrained from interfering with in any manner and in any capacity with the activities of the Tamil Nadu Basketball Association. It was also an admitted case that



























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