Delhi High Court
Delhi Amateur Wushu Association vs Wushu Association Of India And Ors on 23 September, 2022
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ 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 20th 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 10th 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 10th
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October 2019 came to be passed by this Court, challenged order dated
28th 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 venue for the 17th 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 1st to 6th
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 10th October 2019, noted the
fact that there was a dispute as to the party who was entitled to
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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 28th November 2018 till said decision was
arrived at.
4. Para 4 of the order dated 10th 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 Judge and
under independent supervision.
6. It is in this scenario that Respondents 3 and 4 moved an
application before the learned Civil Judge in CS SCJ 78/2018, seeking
holding of elections in the DAWA.
7. The learned Civil Judge has disposed of the said application
with the following observations and directions:
"6. Perusal of the reply to the application shows that there
is no real objection taken by the plaintiff. The only objection
that he has taken is that there are other pending issues which
need to be decided. The issues which are pending before the
court can be decided only after trial. This cannot be a ground
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to delay the elections of the defendant association, being
currently represented by defendant no.3 and 4. Further, the
other ground taken by the plaintiff is that the order of the
Hon'ble High court has been misinterpreted.
7. A perusal of Paragraph 4 of the order of the Hon'ble
High Court of Delhi in CMM 374/2019 & CM
Appl.10048/20l9, dated 10.10.2019, shows that it has been
specified that - "it is made clear if any elections are to be held
for various positions in DAWA, the same shall be done after
obtaining orders of the Trial court and with an independent
supervision."
8. Thus, paragraph 4 of the order is clear in its terms that
elections can be conducted only after obtaining orders of the
trial court.
9. Therefore, I do not find any merit in the objections
raised by the plaintiff in conducting elections of the
association represented by defendant no.3 and 4.
10. Therefore, the application under Sec. 151 CPC is
allowed subject to the condition that the elections are
conducted under independent supervision as ordered by the
Hon'ble Delhi High court. Therefore, Mr. Amit Kumar Gupta,
Enrolment No. D/1743/07, Mobile No. 9211270350,
Chamber No. 105, First Floor, Lawyer Chamber Block, Saket
Court, New Delhi-110017, is appointed an independent
supervisor to supervise the elections of DAWA to be
conducted on 25.09.2022 at the International Youth Hostel, 5,
Nyay Marg, Chanakyapuri, New Delhi-110021. The
defendant no. 3 and 4 are directed to pay a fee of Rs. 30,000/-
to the independent supervisor on the date of elections. It is the
responsibility of the independent supervisor to supervise the
overall conduct of the elections and prepare his report and file
the same in court within 4 days thereafter."
8. Mr. Vipin Kumar Saini, learned Counsel for the petitioner,
submits that, as there were several disputed issues which still await
adjudication in CS SCJ 78/2018, the elections should not be permitted
to be held till they were decided. This precise submission has been
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raised before the learned SCJ and has been answered by the learned
SCJ, holding that there was no legal interdiction on holding of
elections till the issues in controversy were finalized. Indeed, if the
submission of Mr. Saini were to be accepted, it would render
redundant the direction contained in para 4 of the order dated 10th
October 2019 of this Court in CM (M) 374/2019.
9. As such, this Court does not find any infirmity in the impugned
order dated 20th September 2022, passed by the learned SCJ, as would
call for supervisory correction under Article 227 of the Constitution of
India.
10. Nonetheless, in order to assuage the apprehension expressed by
Mr. Saini, it is clarified that liberty would be reserved with the
petitioner to challenge the elections or the outcome thereof by all
means known to law and all issues and contentions that the petitioner
may seek to urge, including the issues which form subject matter of
trial in CS SCJ 78/2018, would remain open to be urged by the
petitioner in any such challenge that the petitioner may seek to lay.
11. Subject to the aforesaid caveat, this petition is dismissed.
Pending applications, if any, stand disposed of.
12. No costs.
C.HARI SHANKAR, J
SEPTEMBER 23, 2022/ r.bararia
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