CRP No.538 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 14.10.2022

C O R A M

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU

Civil Revision Petition No.538 of 2019

and CMP No.3563 of 2019

1.B.Thiruchandiran

2.R.Ilangovan

3.P.Kumar

4.M.Julien

5.S.Kandasamy

.. Petitioners/Defendants/Petitioners

Vs

1.Pondicherry Football Association

(Reg No.41/66 Esd' 1962)

Rep. by Honorary Secretary

S.Dhanasegar

2.N.Nestore

.. Respondents/Plaintiffs/Respondents

Prayer: Civil Revision Petition is filed to set aside the order dated

02.08.2018, passed in I.A.No.721 of 2015 in O.S.No.452 of 2015, on the

file of First Additional District Munsif Court, Pondicherry, by allowing

the Revision Petition.

1/10

https://www.mhc.tn.gov.in/judis

CRP No.538 of 2019

For Petitioners

.. Mr.T.S.Baskaran

For Respondents .. Mr.D.Ravichandran

ORDER

The Civil Revision Petition is filed against the order dated

02.08.2018 passed in I.A.No.721 of 2015 in O.S.No.452 of 2015 on the

file of the I Additional District Munsif Court, Puducherry.

2. The petitioners are the defendants and the respondents in the

suit.

3. The case of the plaintiffs before the trial Court is as follows:

The plaintiffs are the Pondicherry Football Association registered

under the Societies Registration Act. In order to convene a general body

meeting, for declaration and for other reliefs, the plaintiffs approached

the trial Court by filing O.S.No.452 of 2015. Pending suit, the plaintiffs

filed I.A.No.144/2015 seeking for an interim injunction restraining the

defendants from conducting any special general body meeting on

01.03.2015. On hearing the defendants, interim injunction came to be

2/10

https://www.mhc.tn.gov.in/judis

CRP No.538 of 2019

passed, which was subsequently vacated by order dated 28.04.2015,

against which, an appeal came to be filed in CMA No.4/2015 before the

Additional Subordinate Judge, Puducherry. By judgment dated

26.03.2018, CMA No.4/2015 came to be dismissed, thereby confirming

the order vacating the interim injunction. Since the petition to convene a

general body meeting was dismissed, the defendants convened a meeting,

wherein, it was resolved to conduct an election as per the procedure

contemplated. As per the decision taken in the said meeting, the names

of the President and Treasurer, viz., the name of the plaintiffs were

removed. However, without challenging such removal, the plaintiffs

filed I.A.No.472/2015 seeking for a relief of restraining the defendants

from conducting the general body meeting and election, which was

scheduled on 28.06.2015. When there was no challenge to the removal of

their names as President and Treasurer and the conduct of general body

meeting, the suit has become infructuous. In the said I.A.No.472/2015,

an order of interim injunction was granted, which came to be suspended

by the order of this Court dated 26.06.2015 in CRP No.2526 of 2015 with

a direction to the defendants not to publish the results until further orders

from this Court. As such, elections were conducted on 28.06.2015 and

3/10

https://www.mhc.tn.gov.in/judis

CRP No.538 of 2019

pursuant to the order of this Court, the results were withheld. Therefore,

the defendants filed I.A.No.473/2018 to restrain the plaintiffs from

convening a general body meeting on 24.06.2018 or any other dates.

While that being so, the defendants filed I.A.No.721/2018 seeking to

dispose the suit having become infructuous. A counter came to be filed

by the plaintiffs resisting the said application stating that the reliefs that

have been passed in the suit was still persist.

4. A common order came to be passed in the said

I.A.Nos.472/2015, 473/2018 and 721/2018, whereby, the parties to the

dispute are directed to approach the All India Football Federation for

their appropriate reliefs. Challenging the said dismissal order, the

present Civil Re