District Cricket Forum Anantnag vs J&K Cricket Association And Ors
2021 Latest Caselaw 186 j&K/2

                                                               S. No. 102

              HIGH COURT OF JAMMU AND KASHMIR
                                 AT SRINAGAR


CJ Court
CM (M) no. 32/2021


District Cricket Forum Anantnag                                   ....petitioner(s)

                          Through: Mr. Showkat Ali Khan, Advocate
                                       v/s

J&K Cricket Association and ors.                                  ...Respondent(s)

                          Through:
      CORAM:

      HON'BLE THE CHIEF JUSTICE


                                         ORDER

22.02.2021

Heard Shri Showkat Ali Khan, learned counsel for the petitioner.

The petitioner is a registered Association and they had filed a civil suit virtually for implementation of the recommendations made by Justice Lodha Committee. The said suit was entertained by the court of first instance vide order dated 14.06.2019 and the objection of the respondent that the suit cannot proceed in light of the observations made by the Supreme Court in the case of Board of Control for Cricket in India and ors. v. Cricket Association of Bihar and others wherein all courts/tribunals have been restrained from exercising jurisdiction in the matters pertaining to BCCI or any State Cricket Association(s).

The aforesaid order was challenged by the respondents by filing Ist. Miscellaneous Appeal and the same has been allowed by the impugned judgment and order dated 12.02.2021. The appellate court set aside the order of the trial court entertaining the suit.

The argument is that the appellate court misconstrued the various orders of the Supreme Court in passing the impugned order inasmuch as the order of the Supreme Court dated 14.03.2019 by which the restraint order was passed against all

courts from entertaining any dispute regarding BCCI or any State Association(s) was modified by the subsequent order dated 09.12.2020 wherein it has been clearly mentioned that it is open for the petitioner to pursue other remedy for implementation of the recommendations made by the Justice Lodha Committee and, thus, all interlocutory applications are disposed of with liberty to the parties to avail the remedies available to them.

In view of the above, a prima facie case has been made out by the petitioner for interference under Article 227 of the Constitution of India.

Issue notice to the respondents. All the respondents are directed to file response within a period of six weeks.

List for admission/final disposal on 16.04.2021. Until further orders of this Court, the effect and operation of the impugned judgment and order dated 12.02.2021 passed by the appellate court below shall remain in abeyance.

(PANKAJ MITHAL) CHIEF JUSTICE

Srinagar 22.02.2021 YASMEEN, PS

YASMEEN RASHID 2021.02.23 10:29 I attest to the accuracy and integrity of this document