CM(M) 1023/2022

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$~70

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CM(M) 1023/2022 & CM APPL. 42239/2022

DELHI AMATEUR WUSHU ASSOCIATION ..... Petitioner

Through:

Mr. Vipin Kumar Saini, Adv.

Versus

WUSHU ASSOCIATION OF INDIA AND ORS.. Respondents

Through:

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)

%

23.09.2022

1.

This petition under Article 227 of the Constitution of India

assails order dated 20^th September 2022, passed by the learned Civil

Judge in CS SCJ 78/2018 (Delhi Amateur Wushu Association v.

Wushu Association of India). By the said order, the learned Civil

Judge has adjudicated on an application filed by Respondents 3 and 4,

as Defendants 3 and 4 in the suit, under Section 151 of the Code of

Civil Procedure, 1908 (CPC). The application was stated to have been

filed in accordance with para 4 of the order passed by a coordinate

Bench of this Court on 10^th October 2019 in CM (M) 374/2019 (The

General

Secretary,

Delhi

Amateur

Wushu

Association

(Genuine/Elected Dawa) v. The General Secretary, Delhi Amateur

Wushu Association (Non Elected/Fake Dawa)).

2.

CM (M) 374/2019, in which the aforesaid order dated 10^th

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003860

CM(M) 1023/2022

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October 2019 came to be passed by this Court, challenged order dated

28^th November 2018, passed by the learned Civil Judge in an

application under Section 151 CPC, in which it was directed thus:

“An application has been filed on behalf of the

plaintiff under Section 151 CPC for passing necessary

direction to defendant no. 1 to conduct joint Trial of the

players selected by the plaintiff and the players selected by

defendant no. 3 & 4 at the venuefor the 17^th Junior National

WUSHU Championship at Tamilnadu.

Heard on the application.

The counsel for the defendants submitted that he has

received the copies today itself and he wants to file a reply to

the said application.

The alleged championship is to be held on 1^st to 6^th

December at Tamilnadu. The counsel for the defendants has

shown the copy of railway tickets which have already been

booked for the players for travel on 29.11.2018.

This court is of the view that there is very less time left

for the conduct of joint trial as prayed by the plaintiff and it

may not be feasible at the venue and there is likelihood of

injury in the trial which would disadvantage the players

which are already selected. Thus, this court is not inclined to

allow the application at this last hour.

Before parting this order, to obviate the future

controversy between the parties regarding the trial, it is

hereby ordered that defendant no. 1 WAI shall conduct the

trial for all the upcoming national championships of the list of

players provided by plaintiff and the list of players provided

by the defendant no. 3 & 4, till the disposal of the present

suit……”

3.

This Court has, in the order dated 10^th October 2019, noted the

fact that there was a dispute as to the party who was entitled to

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003860

CM(M) 1023/2022

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represent Delhi Amateur Wushu Association (DAWA). That issue,

notes the order, would be decided by the learned Civil Judge after the

pleadings are completed. The order maintains the arrangement put in

place by the order dated 28^th November 2018 till said decision was

arrived at.

4.

Para 4 of the order dated 10^th October 2019 reads thus:

“4. It is made clear if any elections are to be held for the

various positions in DAWA, the same shall be done after

obtaining orders of the Trial Court and with an independent

supervision.”

5.

Clearly, para 4 envisages a situation where, during the pendency

of the trial in CS SCJ 17/2018, elections to the positions in the DAWA

were proposed. The order directs that any such elections would be

conducted only after obtaining orders of the learned Civil Jud