R. Subbiah, J.

1. The application in O.A.No.1078 of 2012 has been filed by the applicant to grant an order of temporary injunction restraining the first respondent from using its name or domain name or website/URL, the words "India" or "Indian" and from conducting chess tournaments in the name and style of "National" championships / tournaments pending disposal of the suit.

2. The application in A.No.1956 of 2013 has been filed by the applicants to revoke the leave granted by this Court in A.No.5615 of 2012 vide its order dated 27.12.2012 under the circumstances, with exemplary costs.

3. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit.

4. The case of the plaintiff - All India Chess Federation, in brief, is as follows:-

(a) The plaintiff is a society which started its operations in 1950 and was subsequently registered under the Societies Registration Act, 1860 on 12.12.1958. The plaintiff is now regulated by the provisions of Tamil Nadu Societies Registration Act 1975. The plaintiff is also the only Chess Federation in India to be affiliated to Federation Internationale Des Echecs, shortly called as FIDE that controls the game of chess in the world. From its very inception in 1950, the plaintiff has been recognized by the Government of India as the national chess federation which controls / regulates the game of chess in India. Since 2010, the Government of India started certifying the national sports federations by issuing certificates under the National Sports Code. Consequently, the plaintiff has been issued certifications as the "National Sports Federation" for the discipline of chess for the calendar years 2010, 2011 and 2012.

(b) The plaintiff has a right over its name as the same has been registered and no one else can use the name. Further, being recognised by the Government of India, the plaintiff has exclusive right to use the name "India" and conduct national events as per clause 3.6 and clause 8.3 of the National Sports Code. The plaintiff is exclusively responsible for conducting national level tournaments and selection of the national team that would represent India in International tournaments. Vide notification No.F.No.36/2-2010-SP II, the Government had declared all National Sports Federation as "Public Authority" in view of the public interest associated with these scope of activities.

(c) As per the constitution of AICF, all the State Chess Associations are the accredited Members and they constitute the General Body that controls the affairs of the plaintiff and elects its office bearers, the President, the Secretary, the six Vice Presidents, the six Honorary Joint Secretaries and the Treasurer, which are honorary posts.

(d) While so, in the year 1989, one P.T.Ummer Koya of Calicut was elected as the Honorary Secretary of the plaintiff. He was re-elected to the same post in 1993, 1997 and 2001. The continuous holding of the post of Hon.Secretary enabled P.T.Ummer Koya to commit acts of misfeasance and malfeasance. More than one crore rupees was found to have been swindled by him by manipulating the accounts of the plaintiff. It was discovered that the said P.T.Ummer Koya along with one S.L.Harsh, the second defendant herein, among others, connived with one another to make these illegal profits. Subsequently, various legal proceedings were initiated before this Court against the said P.T.Ummer Koya, S.L.Harsh, the second defendant herein and their coterie.

(e) The founder members of the plaintiff viz., the State Chess Associations of Tamilnadu, Maharashtra and Delhi instituted a suit in C.S.No.52 of 2005 before this Court to restrain P.T.Ummer Koya from holding any post in the plaintiff till he is absolved of all charges of misfeasance and malfeasance. This Court, by an order dated 31.1.2005, granted interim injunction restraining the said P.T.Ummer Koya from interfering with the day to day affairs and activities of the plaintiff.

(f) The said P.T.Ummer Koya