1991 JLJ 15
Faizan Uddin and S.K. Chawla, JJ.
B.S. Adityan (Shri) and others v. Fencing Association of India and others
L.P.A. No. 19 of 1990, against the order passed by Hon‘ble Justice Shri B.M. Lal, in Misc. Appeal No. 227 of 1990, arising out of order passed by the Additional District Judge, Jabalpur in Civil Suit No. 53-A of 1990;
Decided on 7.9.1990.
(2) Civil P.C, 1908 --- S. 104(2) --- provision under --- bars second appeal --Letters Patent Appeal is nothing but a second appeal. AIR 1965 SC 1442, AIR 1981 SC 1786, AIR 1983 SC 676 followed. 1987 MPLJ 165, AIR 1983 Bom. 120, AIR 1984 Born. 478, AIR 1986 Guj. 156 and AIR 1990 AP 19 relied on. 1956 NLJ 179 held contrary to law; 1979 MPLJ 170, 1988 JLJ 495 and AIR 1986 SC 1272 distinguished. [Para 9
(3) Letters Patent (M.P.) --- Cl. 10 --- Civil P.C., 1908 --- S. 104(2) & (1) --- Letters Patent Appeal against order passed in appeal under S. 104(1) of the Code --- not maintainable being specifically barred under S. 104(2). AIR 1965 SC 1442, AIR 1981 SC 1786 and AIR 1983 SC 679 followed. [Para 9
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Faizan Uddin, J.-- 1. This Letters Patent Appeal under Clause 10 of the Letters Patent of Madhya Pradesh High Court by the defendants has been directed against the orders passed on 29.6.1990 to 11.7.1990 by the learned Single Judge of this Court in Misc. Appeal No. 227 of 1990.
2. The facts in brief giving rise to this appeal may be stated thus:
The Indian Olympic Association/respondent No.3, herein, is a Society registered under the Societies Registration Act. It consists of various Federations which are affiliated with the Indian Olympic Association. The Management of the Indian Olympic Association (hereinafter referred to as the 'IOA') is controlled by a dilly elected Executive Council in accordance with rules for a term of 4 years. A Special General Meeting may be summoned at any time by the President of IOA at his discretion or it is convened on a written requisition signed by the Presidents and Secretaries of not less than 15 Member-Units within one month from the date of receipt by the President of the said requisition in accordance with Clause 6 of the Rules and Regulations, with which the IOA and various affiliated units are governed.
3. On 16.5.1990 certain members of the IOA gave a notice to Shri Adityan, appellant No. 1 herein, the President of the IOA to hold meeting at Delhi on 15.6.1990 to consider no confidence motion against the President Shri Adityan. On 27.5.1990 a Special General Meeting of the IOA was called by 'the' President to consider the question of no confidence motion against him and it was decided to hold the meeting at Madras on 15.6.1990. But, in the meanwhile, the requisitionists of the meeting gave a notice on 29.5.1990 to hold the meeting on 15.6.1990 at Delhi and not at Madras to consider the matter of no Confidence motion against the appellant No. 1 Shri Adityan. On 8.6.1990 a civil suit was filed in its original side in Delhi High Court by the IOA against the 17 requisitionists including the two plaintiffs/respondents Nos. 1 and 2, herein. An application was also moved in the suit filed in the Delhi High Court for grant of temporary injunction against the 17 requisitionists and the plaintiffs/respondents Nos. 1 and 2, herein, to restrain them from holding a meeting of the IOA at Delhi on 15.6.1990. The application was opposed by the respondents Nos. 1 and 2, herein. The Delhi High Court by order dated 8.6.1990 (Annexure-D) restrained the requisitionists and the respondents Nos. 1 and 2, herein, from holding a meeting on 15.6.1990 at Delhi on the basis of requisition dated 16.5.1990, but allowed the Special General Meeting to be held at Madras on 15.6.1990 to consider the question of loss of confidence in the present Executive Council of the IOA and at the same time appointed an observer for the said meeting.
4. Thereafter, on 14.6.1990 Tamil Nadu Association which is one of the members of the Indian Olympic Association, also filed a civil suit in Madras High Court in its original side against the appellants Nos. 1 and 2, herein, to restrain them from holding the Special General Meeting at Madras on 15.6.1990 or at any day at any place. An application for grant of temporary injunction was also made which was disposed of by the Madras High Court by order dated 14.6.1990 (Annexure-E) whereby the injunction sought for was declined, but it was directed that the meeting may be held at Madras in which the voting shall be by secret ballot inasmuch as that those ballot papers issued to the voting persons alone would be valid which are signed by the Secretary of the Association/respondent No.2, herein, and the Observer appointed by Delhi High Court and the meeting convened on 15.6.1990 would be presided over by the President, Shri Adityan. Consequently, the Special General Meeting of the IOA was held on 15.6.1990 at Madras which according to the report of the Secretary General/appellant No.2, herein and that of the Observer, it resulted into a chaos and had to be adjourned vide Annexures F,
4. Obedur Rehman v. Ahmed Ali Bharucha = AIR 1983 Bom. 120
6. Madhusudan Vegetable Products Co. Ltd. v. Rupa Chemical = AIR 1986 Guj. 156
7. Ghantasala Seshamma v. Gollanpalli Rajaratnam = AIR 1990 AP 19
9. Shrichand v. S. Tejinder Singh = 1979 MPLJ 170
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