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2020 Supreme(Mad) 1513
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J.
The Goa Volleyball Association Rep. by its Secretary Raghuvir Mhablu Shinde & Others – Appellants
Versus
Volleyball Federation of India, Chennai & Others – Respondents
C.S.No. 113 of 2020 & O.A.No. 155 of 2020, A.Nos. 1086, 1087, 1126, 1202 & 2640 of 2020
Decided On : 11-11-2020
Madhan Babu for M/s. R. Parthasarathy, P.V. Balasubramanian, Arun Karthik Mohan, Cibi Vishnu, Manan Verma, P. Purushothaman, S. Thankasivan, Advocates.
The Plaintiff has an unqualified right to withdraw a suit under Order XXIII, Rule 1, CPC, and the Court may allow such withdrawal without compelling the Plaintiff to proceed with the suit, especially when no counterclaim has been raised by the defendants.
Headnote:
Withdrawal of Suit - Volleyball Association - Order XXIII Rule 1 CPC - [FACT OF THE CASE] The Plaintiff filed a suit seeking declarations regarding the validity of electoral college lists and elections for the 1st defendant. The Plaintiff subsequently sought to withdraw the suit. [FINDING OF THE COURT] The Court allowed the withdrawal of the suit but imposed a cost of Rs. 1,00,000 on the Plaintiff. [ISSUES] The main issue was whether the Plaintiff could withdraw the suit unconditionally. [RATIO DECIDENDI] The Court held that the Plaintiff had an unqualified right to withdraw the suit under Order XXIII, Rule 1, and no counterclaim or substantial right was pleaded by the defendants. [FINAL DECISION] The suit was dismissed as withdrawn, and the Plaintiff was directed to pay a cost of Rs. 1,00,000 to the Cancer Institute, Adyar, Chennai.
JUDGMENT :
(Prayer : Plaint filed under Order VII Rule 1 CPC r/w Order IV Rule 1 of the Original Side Rules to pass a judgment and decree against the defendants :
a. declaration declaring that the Electoral College Liste dated 24.02.2020 issued by the 2nd Defendant and 4th Defendant returning officer to be ultra-virus the bylaws of the lst defendant and void and consequently grant permanent injunction restraining elections for the 1st defendant from being conducted based on the said Electoral College List dated 24.02.2020
b. Declaration declaring that the Electoral College List dated 26.02.2020 issued by the 3rd defendant and 5th defendant returning officer to be ultra-virus the bylaws of the 1st defendant and void and consequently grant permanent injunction restraining elections for the 1st defendant from being conducted based on the said Electoral College List dated 26.02.2020
c. Perpetual injunction restraining the defendants from conducting parallel elections in disregard to the bye-laws of the 1st defendant including by permitting assocaitions / units which are not contained in the official list of the 1st defendant to vote in the elections of the office bearers of the 1st defendant
d. Cost of the suit
e. such further orders as this Court may deem fit and proper in the facts and circumstances of the case.
Prayer in O.A.No.155 of 2020:
Original Application filed under Order XIV Rule 8 of O.S. Rules r/w Order 39 Rule 1 and 2 r/w Section 151 CPC to grant an ad-interim injunction restraining the respondents/defendants from proceeding with the elections of the office bearers of the 1st respondent, including those scheduled on 12.03.2020 and 15.03.2020, pending disposal of the suit.
Prayer in A.No.1086 of 2020:
Application filed under Order XIV Rule 8 of O.S. Rules r/w Order 39 Rule 1 and 2 r/w Section 151 CPC to appoint a commissioner to inspect the records of the 1st Respondent/1st Defendant and prepare an Electoral College List in strict compliance of the bye laws of the 1st Respondent/1st Defendant and fil a report before this Court pending disposal of the suit
Prayer in A.No.1087 of 2020:
Application filed under Order XIV Rule 8 of O.S. Rules r/w Order 39 Rule 1 and 2 r/w Section 151 CPC to permit joinder of causes of action in respect of the parallel elections proposed to be conducted for electing the office bearers of the 1st defendant on 12.03.2020 and 15.03.2020 by the respondents
Prayer in A.No.2640 of 2020:
Application filed under Order XIV Rule 8 of O.S. Rules r/w Order 39 Rule 1 and 2 r/w Section 151 CPC to permit the Plaintiff to withdraw C.S.No.113 of 2020.)
The Plaintiff has filed the suit praying to pass a judgment and decree against the defendants for declarations that the Electoral College List dated 24.02.2020 and 26.02.2020 issued by the 2nd and 4th Defendants and 3rd and 5th Defendants respectively, are ultra vires the byelaws of the 1st Defendant and for a consequential permanent injunction restraining the conduct of the elections on 12.03.2020 and 15.03.2020 on the basis of the above Electoral College List. In the above suit O.A.No.155 of 2020 has been filed for grant of an ad interim injunction restraining the Defendants from proceeding with the election of the office bearers of the 1st Defendant, including those scheduled on 12.03.2020. The Plaintiff also filed Applications seeking permission of this court for joinder of causes of action in respect of the parallel election and praying to appoint a Commissioner to inspect the records of the 1st Defendant and prepare Electoral College List in strict compliance of the bye laws.
2. Applications also filed by the Tamil Nadu State Volleyball Association and Volleyball Association of Uttaranchal to implead them as defendants in the suit. Volleyball Association of Uttaranchal mainly contended that they have not been invited to participate in tournaments or event conducte
