Madras High Court
Mr.P.R.Venketrama Raja vs Mr.Bharat Singh Chauhan on 28 June, 2021
C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
Date : 28.06.2021
C.S.Nos.728 of 2019, 185 of 2020, 25 of 2020, 207 of 2020 & 209 of 2020
&
A.Nos.1864. 2101, 2314 of 2020
C.S.No.728 of 2019
Mr.P.R.Venketrama Raja,
President,
All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. ... Plaintiff
Vs.
1. Mr.Bharat Singh Chauhan,
Secretary of All India Chess Feberation,
Office Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
2. All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
Rep. by its Hon Secretary,
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. .. Defendants
Suit filed under Order IV Rule 1 of Original Side Rules read with
Order VII Rule 1 read with Section 151 of Code of Civil Procedure, 1951.
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a. Declaration to declare the Notice dated 30.11.2019 to convene the
meeting of the Central Council on 22.12.2019 at 11.0 a.. issued by the first
defendant as null, void and non est since the same is contrary to the
Constitution and Bye laws of the second defendant.
b. Declaration to declare the Notice dated 07.12.2019 addressed to all
the Office bearers of State Association and Institutional Members calling
for a special meeting on 22.12.2019 at 12.30 PM issued by the 1st defendant
as Null and Void and non est since the same is contrary to the Constitution
and Bye laws of the second defendant.
c. Permanent Injunction restraining the 1st defendant and his men or
servants or agents or any person acting on his behalf from in any way
convening the meeting of the Central Council on 22.12.2019 at 11.00 a.m.
pursuant to the Notice dated 30.11.2019;
d. Permanent Injunction restraining the 1st defendant and his men or
servants or any person acting on his behalf from in any way convening a
special meeting of the General body on 22.12.2019 at 12.30 p.m. pursuant
to the notice dated 07.12.2019.
e. for costs of the suit;
For plaintiffs : Mr.J.Sivanandaraj
for Mr.P.J.Rishikesh
For Defendants : Mr.Sanjay K. Chadha – D1
Mr.A.K.Sriram
for M/s.A.S.Kailasam Associtate- D2
C.S.No.25 of 2020
Tamil Nadu State Chess Association,
Hall No.75, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
Represented by its Hon. Secretary,
Mr.P.Stephen Balasamy ... Plaintiff
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
Vs.
1. Mr.Bharat Singh Chauhan,
Member of the Three-member committee,
All India Chess Federation,
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
2. All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
Rep. by its President
Head of the Three-member committee,
All India Chess Federation,
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
3. Mr.P.R.Venketarama Raja,
Head of the Three-member committee,
All India Chess Federation,
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. .. Defendants
Suit filed under Order IV Rule 1 of the High Court O.S. Rules Read
with Order VII Rule 1 of the Civil Procedure Code, 1908 for the following
reliefs :
A. Declaration that the Notice dated 02.01.2020 issued by defendant
No.1 to convene the Special Meeting of the General Body on 09.02.2020 at
11.30 A.M. in Ahmedabad, Gujarat, as null, void non est and unenforceable,
since the same is contrary to the Constitution and Byelaws of Defendant
No.2 and the notice of defendant No.3 dated 18.12.2019.
B. Declaration that the Resolutions passed at Meeting of the Special
General Body meeting of the AICF on 28.12.2019 in Bhopal circulated at
the behest of Defendant No.1, having hijacked the said meeting as null and
void;
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C. Declaration that the Resolutions passed in the Meeting of the
Central Council dated 22.12.2019 as null, void non est and unenforceable;
D. Permanent Injunction restraining defendant No.1 and /or his men,
agents, servants or any person acting for on behalf of defendant No.1 in any
manner whatsoever, from convening the Special Meeting of the General
Body on 09.02.2020 at 11.30 A.M. in Ahmedabad, Gujarat, pursuant to the
purported notice dated 02.01.2020.
E. for costs of the present suit;
For plaintiffs : Mr.J.Sivanandaraj
for Mr.P.J.Rishikesh
For Defendants : Mr.Sanjay K. Chadha – D1
Mr.A.K.Sriram
for M/s.A.S.Kailasam Associtate- D2
C.S.No.185 of 2020
1. Mr.P.R.Venketrama Raja,
President & Head of three member Committee
All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
2. Mr.D.V.Sundar
Vice President, All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
3. Mr.Vijay Deshpande
Interim Secretary and Member of three member Committee
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
4. Mr.Kishor Bandekar
Treasurer and Member of three member Committee
All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003.
5. Mr.Ravindra Dongre,
Senior Member,
All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. ... Plaintiffs
.. Vs ..
1. Mr.Naresh Sharma,
Secretary, the Haryana Chess Association,
having its registered office at
305/12. Chandra Bhawan, Jawahar Nagar,
[Jacubpura], Gurgoan, Haryana – 122 001.
2. Dr.VipneshBhardwaj,
Secretary, the Chandigarh Chess Association,
Having its registered Offfice at
H.No.58, Sector 16-A,
Chandigarh 0 160 015.
3. Neeraj Kumar Mishra,
Secretary, the All Jharkhand Chess Association,
having its registered office at -
Birla Campus – Ranchi, Purulia Road,
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
Village – Ara, P.O. - Mahilong,
Ranchi – 835 103.
4. Mr.Bhavesh Patel
5. Mr.Bhagyashree Thipsay
6. Bharat Singh Chauhan
Former Secretary, All India Chess Federation
Residing at : No.1874, Ground Floor, Outram Line,
Phulwari Block, GTB Nagar, Delhi – 110 009.
7. All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
Rep. by its President
Head of the Three-member committee,
All India Chess Federation,
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. .. Defendants
Suit filed under Order IV Rule 1 of Original Side Rules read with
Order VII Rule 1 read with Section 151 of Code of Civil Procedure, 1951.
a. Declaration that the Notice dated 31.03.2020 issued by defendant
No.2, herein calling for a “Special ' Extra Ordinary General Body Meeting
of the AICF to be held on 22.04.2020 between 11.00 A.M. - 01.00 p.m. at
Tivoli Grand Resort, Alipore, New Delhi, as null and void;
b. Declaration that the E-mail dated 21.04.2020 from defendant No.1
herein at 10.43.09 pm. 1st sent to all the members of the AICF confirming
the conduct of the “Special / Extra Ordinary General Body Meeting of the
AICF to be held on 22.04.2020 between 11.00 AM – 01.00 p.m. via Zoom
application, as null and void;
c. Declaration that all the declarations taken and resolutions passed in
“Special / Extra Ordinary General Body Meeting of the AICF to be held on
22.04.2020 between 11.00 AM – 01.00 PM via Zoom application as null
and void;
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d. Declaration that the show cause notice dated 26.04.2020 issued
against plaintiff No.4 and show cause notice dated 02.05.2020 issued to
plaintiff Nos.1 to 3 and 5 herein by defendant Nos.1 – 5 as null, void and
non-est in law;
e. Declaration that the Letters of Suspension dated 12.05.2020 issued
by defendant Nos.1 to 6 to plaintiff Nos.1 to 5, as illegal, null, void and
non-est in law;
f. Permanent injunction restraining defendant Nos.1 to 6 and/or their
men, agents, servants or any person in any manner whatsoever from
interfering with the administration of the AICF whatsoever including
changing theletter head of the AICF, writing communications, making
representations in any manner whatsoever on behalf of the AICF;
g. Permanent Injunction restraining Defendant Nos.1 to 5 and/or their
men, agents, servants or any person acting for on behalf of the AICF from
giving effect to the decisions taken at the “Special / Exxtra Ordinary
General Body Meeting of the AICF dated 22.04.2020” via Zoom
Application.
h. for costs of the suit;
For plaintiffs : Mr.J.Sivanandaraj
for Mr.P.J.Rishikesh
For Defendants : Mr.R.Vishnukumar – D1 to D5
Mr.Sanjay K. Chadha – D6
Mr.A.K.Sriram
for M/s.A.S.Kailasam Associtate- D7
C.S.No.207 of 2020
All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
Rep. by its President
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
Head of the Three-member committee,
All India Chess Federation,
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. ... Plaintiff
Vs.
1. Mr.Naresh Sharma,
Secretary, the Haryana Chess Association,
Having its registered Office at
305/12. Chandra Bhawan,
Jawahar Nagar, [Jacubpuram],
Gurgoan, Haryana – 122 011.
2. Dr.VipneshBhardwaj,
Secretary, the Chandigarh Chess Association,
Having its registered Offfice at
H.No.58, Sector 16-A,
Chandigarh 0 160 015.
3. Neeraj Kumar Mishra,
Secretary, the All Jharkhand Chess Association,
having its registered office at -
Birla Campus – Ranchi, Purulia Road,
Village – Ara, P.O. - Mahilong,
Ranchi – 835 103.
4. Mr.Bhavesh Patel
5. Mr.Bhagyashree Thipsay
6. Bharat Singh Chauhan
Former Secretary, All India Chess Federation
Residing at : No.1874, Ground Floor, Outram Line,
Phulwari Block, GTB Nagar, Delhi – 110 009.
7. Tinycode Technologies Pvt. Ltd.,
Represented by its Directors,
Mr.Nitin Saxena and Mr.Mayur Ahuja
having its registered Office at
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
E-195, Sector, 63, Noida, Gautam Buddha Nagar,
Uttar Pradesh – 201 301.
9. Indian Bank Chennai,
Represented by its chief Manager,
Harbour Branch, No.66, Rajaji Salai,
Chennai – 600 001. ... Defendants
Suit filed under Order IV Rule 1 of the Madras High Court O.S.
Rules Read with Order VII Rule 1 of the Civil Procedure Code 1908.
A. Declaration that the Notice dated 31.03.2020 issued by defendant
No.2, herein calling for a “Special ' Extra Ordinary General Body Meeting
of the AICF to be held on 22.04.2020 between 11.00 A.M. - 01.00 p.m. at
Tivoli Grand Resort, Alipore, New Delhi, as null and void;
B. Declaration that the E-mail dated 21.04.2020 from defendant No.1
herein at 10.43.09 pm. 1st sent to all the members of the AICF confirming
the conduct of the “Special / Extra Ordinary General Body Meeting of the
AICF to be held on 22.04.2020 between 11.00 AM – 01.00 p.m. via Zoom
application, as null and void;
C. Declaration that all the declarations taken and resolutions passed
in “Special / Extra Ordinary General Body Meeting of the AICF to be held
on 22.04.2020 between 11.00 AM – 01.00 PM via Zoom application as null
and void;
D. Permanent injunction restraining defendant Nos.1 – 6 and / or their
men, agents, servants or any person acting for on behalf of the AICF in any
manner whatsoever from changing the letter head of the AICF, writing
communications, making representations in any manner whatsoever until
the declaration of the elections to the Federation;
E. Permanent injunction restraining defendant Nos.1 – 5 and / or
their men, agents, servants or any person in any manner whatsoever from
interfering with the administration of AISF.
F. Permanent injunction restraining defendant Nos.1 – 6 and / or
their men, agents, servants or any person acting for on behalf of the AICF
from giving effect to the decisions taken at the “Special / Extra Ordinary
General Body Meeting of the AICF to be held on 22.04.2020 between 11.00
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
AM – 01.00 PM via Zoom application;
G. Permanent injunction restraining defendant Nos.1 – 6 and / or their
men, agents, servants or any person acting for on behalf of the AICF from
operating the parallel, illegal website www.aicf.org.in in any manner
whatsoever;
H. Permanent injunction restraining defendant Nos.1 – 6 and / or their
men, agents, servants or any person acting for on behalf of the AICF from
operating the parallel, illegal e-mail address [email protected] in
any manner whatsoever;
I. Mandatory Injunction directing defendant No.8 herein to permit
either the President Mr.P.R.Venketrama Raja or the Interim Secretary
Mr.Vijay Deshpande along with the Treasurer Mr.KishorBandekar to
operate the Bank Account of the AICF Bearing SC A/c.No.432422331 at
the Harbour Branch of Respondent No.8 herein until the elections to the
AICF are declared.
J. Permanent injunction restraining defendant Nos.1 – 6 and / or their
men, agents, servants or any person acting for on behalf of the AICF in any
manner whatsoever from changing the letter head of the AICF, writing
communications, making representations in any manner whatsoever until
the declaration of the elections to the Federation;
K. for costs of the present suit;
For plaintiffs : Mr.J.Sivanandaraj
for Mr.P.J.Rishikesh
For Defendants : Mr.R.Vishnukumar – D1 & D2
Mr.Snajay K. Chadha – D6
C.S.No.209 of 2020
1. All Marathi Chess Association,
Represented by its Gen. Secretary,
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
Mr.Vijay Deshppande,
Having Administrative Office at
K-3, I/1 N-5, CIDCO Milan Nagar,
Gulmohar Colony, Arungabad – 431 003,
Maharashtra.
2. Bengal Chess Association,
Represented by its Gen. Secretary
Mr.DilipRanjanChakraborty,
Having its Registered Officer at
107, K.K.Majumder Road,
Santoshpur, Kolkata – 700 075,
West Bengal.
3. All Rajputana Chess Association,
Represented by its President,
Mr.Ajay Ajmera
Having its registered Office at
7/420, Malviya Nagar,
Jaipur – 302 017, Rajasthan.
4. The Andhra Pradesh Chess Association,
Represented by its Ge. Secretary,
Mr.Y.Suman,
Having its Administrative Office at
Opp. Aditya Collee, Adithya Nagar,
Nellore – 524 002, andhra Pradesh
5. Himachal Pradesh State Chess Association,
Represented by its President,
Mr.Ajay Verma
Having its Administrative Office at
Near Tara Mandir, Birta,
Kangra District – 174 001
Himachal Pradesh
Plaintiff Nos. 1 to 5 represented by
Powere of Attorney Mr.D.V.Sundar,
Vice President, AICF
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... Plaintiffs
C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
Vs.
1. Mr.Naresh Sharma,
Secretary, the Haryana Chess Association,
Having its registered Office at
305/12, Chandra Bhawan,
Jawahar Nagar [Jacubpura],
Gurgoan, Haryana -122 001.
2. Dr.VipneshBhardwaj,
Secretary, the Chandigarh Chess Association,
having its registered office at
H.No.58, Sector 16-A,
Chandigarh – 160 015.
3. Mr.Neeraj Kumar Mishra,
Secretary, the All Jharkhand Chess Association,
having its registered office at -
Birla Campus – Ranchi, Purulia Road,
Village – Ara, P.O. - Mahilong,
Ranchi – 835 103.
4. Mr.Bhavesh Patel
5. Mr.Bhagyashree Thipsay
6. Mr.Bharat Singh Chauhan,
7. All India Chess Federation,
[Regd. Society, Regn. No.125/1958],
Rep. by its President
Head of the Three-member committee,
All India Chess Federation,
having its registered office at
Room No.70, Jawaharlal Nehru Stadium,
Periamet, Chennai – 600 003. ... Defendants
Suit filed under Order IV Rule 1 of the Madras High Court O.S. Rules Read
with Order VII Rule 1 of the Civil Procedure Code 1908.
https://www.mhc.tn.gov.in/judis/
C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
A. Declaration that the Notice dated 31.03.2020 issued by defendant
No.2, herein calling for a “Special ' Extra Ordinary General Body Meeting
of the AICF to be held on 22.04.2020 between 11.00 A.M. - 01.00 p.m. at
Tivoli Grand Resort, Alipore, New Delhi, as null and void;
B. Declaration that the E-mail dated 21.04.2020 from defendant No.1
herein at 10.43.09 pm. 1st sent to all the members of the AICF confirming
the conduct of the “Special / Extra Ordinary General Body Meeting of the
AICF to be held on 22.04.2020 between 11.00 AM – 01.00 p.m. via Zoom
application, as null and void;
C. Declaration that all the declarations taken and resolutions passed
in “Special / Extra Ordinary General Body Meeting of the AICF to be held
on 22.04.2020 between 11.00 AM – 01.00 PM via Zoom application as null
and void;
D. Declaration that the disaffiliation Notices dated 02.05.2020 issued
to plaintiff Nos.1 – 5 herein by defendants 1 – 5 on changed Letter Heads
of AICF as null and void and non-est in law;
E. Permanent injunction restraining defendant Nos.1 – 6 and / or
their men, agents, servants or any person acting for on behalf of the AICF in
any manner whatsoever from interfering with Electoral College dated
06.02.2020 of the up-coming Election to the AICF until the declaration of
the Elections to the Federation;
F. Permanent injunction restraining defendant Nos.1 – 6 and / or
their men, agents, servants or any person acting for on behalf of the AICF
from interfering with the administration of the AICF or giving effect to the
decision taken at the “Special / Extra Ordinary General Body Meeting of the
AICF to be held on 22.04.2020” between 11.00 AM – 01.00 PM via Zoom
application until the declaration of the election to the Federation.
G. for costs of the present suit;
For plaintiffs : Mr.J.Sivanandaraj
for Mr.Christopher Manoharan
For Defendants : Mr.R.Vishnukumar – D1 to D5
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
Mr.Sanjay K.Chadha – D6
Mr.A.K.Sriram
for M/s.A.S.Kailasam Associtate- D7
COMMON JUDGMENT
All the suits have been filed with regard to the affairs and calling for
extraordinary general body meeting and for declaration that the resolutions
passed in the extraordinary general body meeting as void and non est in law
and also for a declaration that the notice issued to the plaintiffs is void and
also for consequential injunction.
2. In all the suits, this Court by its Order dated 27.01.2021, appointed
an Election Officer for conducting election to All India Chess Federation.
Now it is not disputed that the election process has been completed and the
newly elected office bearers have also assumed the Office.
3. The election officer has filed a report along with memo of fee and
expenses payable to him. Accordingly, a sum of Rs.15,40,968/- has to be
paid to the election officer and the break up details have also been given by
the election officer in the memo.
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
4. In such view of the matter, the newly elected body has to pay a
sum of Rs.15,40,968/- to the election officer. Mr.Sanjay K Chadha, the
learned counsel appearing for the Secretary of All India Chess Federation
submitted that if the Court directs, the amount will be paid to the Election
Officer within a week. His submission is recorded. Accordingly, this Court
directs the Secretary, All India Chess Federation to pay the fees claimed by
the Election Officer within a week from the date of receipt of a copy of this
judgment.
5. The learned counsel appearing for the plaintiffs Mr.Sivanadaraj
submitted that in view of the elections conducted and new officer bearers
assumed office, the prayer in all the suits have become infructuous.
6. The learned counsel appearing for the plaintiffs in C.S.No.185 of
2020 submitted that after election conducted to the All India Chess
Federation, the newly elected Officers have conducted Annual General
Meeting on 14.2.2021 and though a decision has been taken to revoke the
suspension of the plaintiffs, the show cause notice issued to them has not
been withdrawn. In reply, the learned counsel appearing for the Secretary,
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
All India Chess Federation submitted that as the suspension has been
revoked, the show cause notice automatically stands closed.
7. In such view of the matter, these suits are dismissed as
infructuous. No costs. Consequently, connection applications are closed.
The Secretary of All India Chess Federation is directed to release the
amount payable to the Election Officer within a week.
28.06.2021
Speaking/Non speaking Order
Index : Yes/No
vrc
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C.S.Nos.728 of 2019, 185 of 2020 25 of 2020, 207 of 2020 & 209 of 2020
N.SATHISH KUMAR, J.
vrc
Common Judgment in
C.S.Nos.728 of 2019, 185 of 2020,
25 of 2020, 207 of 2020 & 209 of 2020
28.06.2021
https://www.mhc.tn.gov.in/judis/
