The tribunal mandates strict adherence to internal procedural rules in disciplinary actions to ensure fair governance while maintaining limited judicial oversight on internal club matters.

ORDER

Per Bidisha Banerjee, Member (Judicial):

1. The Court convened through hybrid mode.

2. Ld. Counsel for the parties were heard at length.

3. This IA No. 123/kb/2024 has been preferred by the Applicant seeking the following reliefs:

i. Injunction restraining the Respondent nos. 2 to 13 and each one of them and/or their men, agents, servants or anyone acting on their behalf from giving any effect or further effect to the Minutes of the meeting dated May 4, 2024 passed by the illegally constituted General Committee of the Respondent no. 1 Club including constitution of the Standing Inquiry Committee;

ii. Injunction restraining the Respondent nos. 2 to 13 and each one of them and/or their men, agents, servants or anyone acting on their behalf from acting on the basis of or giving effect to any suggestion, finding, decision or Report of the Standing Inquiry Committee;

iii. Injunction restraining the Respondent nos. 2 to 13 and each of them and/or their men, agents, servants or anyone acting on their behalf from taking any coercive steps against the Applicants on the basis of any purported suggestion, finding decision or Report of the Standing Inquiry Committee or otherwise;

iv. Injunction restraining the Standing Inquiry Committee constituted by the Respondent nos. 2 to 13 and each member of such Committee from taking any step and/or further steps in any manner whatsoever;

v. Direction upon the Respondent nos. 2 to 13 and each of them to forthwith direct the Standing Inquiry Committee to stop exercising any power or authority and to stop all its activities and proceedings and not to take any steps and/or any further steps under and/or in terms of the Minutes of the meeting dated May 4, 2024;

vi. Pass necessary Orders upon the Respondent nos. 2 to 13 directing them to furnish all the relevant documents and records relating to the specific activities/events finding place in the project Goal Report of Ernst & Young;

vii.The Project Goal Report dated April 01^st, 2024 issued by Ernst & Young be set aside;

viii. The Respondent nos. 2 to 13 be restrained from using and /or relying upon the said Project Goal Report dated April 01^st 2024 issued by Ernst & Young in any manner whatsoever;

ix. Costs of and incidental to this Application be paid by the Respondent nos. 2 to 13 to the Applicants; and

x. Pass such other and / or further orders affording complete relief to the Petitioners as this Tribunal may deem fit and proper.

4. The Company petition, being C.P. No. 287 of 2023, has been filed by 4 members of the General Committee of the Respondent no. 1 i.e. The Calcutta Cricket and Football Club. The petitioners were the member of the General Committee for the year 2022-2023 and the Annual General Meeting was held on September 11, 2023 in which 936 out of 1850 members of the Club have participated and voted. The petitioners since then have ceased to be members of the General Committee of the Respondent No. 1. The petitioners have also participated in the election held on September 11, 2023.

5. The petitioners in the company petition have urged that the Annual General Meeting of the Respondent no. 1 Club has not been properly convened. The reliefs as prayed for by the petitioners in the company Petition inter alia are as follows:

i. The requirement and/or criteria as required by section 244 of the Companies Act, 2013 be waived thereby allowing the petitioners to institute the Company Petition;

ii. Pass appropriate order/s, relief, directions under Sections 241 and 242 of the Companies Act, 2013 to bring to an end the aforesaid acts of mismanagement and oppression perpetrated by the Respondents and to regulate the affairs of the Respo