Madras High Court
Hon'Ble Justice (Retd.) ... vs Goa Volleyball Association on 22 October, 2021
O.S.A.No.44 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
O.S.A.No.44 of 2021
Hon'ble Justice (Retd.) R.A.Singh
Returning Officer,
Volleyball Federation of India,
Room No.72, Jawaharlal Nehru Stadium,
Chennai – 600 003
and also at Shashi House,Kotwali Road,
Najibabad 246 763
Uttar Pradesh .. Appellant
Vs
1.Goa Volleyball Association
Rep. By its Secretary
Raghuvir Mhablu Shinde
No.7 Garden View Complex,
Ponda, Goa 403 401.
2.Volleyball Federation of India,
Room No.72, Jawaharlal Nehru Stadium,
Chennai – 600 003.
3.S.Vasudevan
President
Volleyball Federation of India,
Room No.72, Jawaharlal Nehru Stadium,
Chennai – 600 003.
Page 1 of 7
https://www.mhc.tn.gov.in/judis/
O.S.A.No.44 of 2021
4.Ramvatar Singh Jakhar,
Secretary General,
Volleyball Federation of India,
Room No.1 & 2, Indoor Stadium,
SMS Stadium, Janpath,
Jaipur – 302 005,
Rajasthan.
5.Hon'ble Justice (Retd.) V.S.Siradhana
Returning Officer,
Volleyball Federation of India,
Room No. 1 & 2, Indoor Stadium,
SMS Stadium, Janpath,
Jaipur – 302 005 – Rajasthan.
6.Indian Olympic Association,
Rep. By its General Secretary,
Mr.Jajeev Mehta,
Olympic Bhawan B-29
Qutub Institutional Area,
New Delhi – 110 016.
7.Volleyball Association of Uttaranchal,
Called and known as Uttarakhand
Volleyball Association,
Rep. By its General Secretary,
No.2, Inder Road, 1st Floor,
Dalanwala, Dehradhun,
Uttarakhand – 248 001.
8.Union of India,
Rep. By its Secretary,
Ministry of Youth Affairs & Sports,
Shastri Bhawan,
New Delhi.
(R7 & R8 suo motu impleaded as
party respondents vide court
order dated 4.3.2021 in OSA No.44/2021) .. Respondents
Page 2 of 7
https://www.mhc.tn.gov.in/judis/
O.S.A.No.44 of 2021
Appeal filed under Order XXXVI Rule 11 of Original Side Rules
read with Clause 15 of the Letters Patent against the decree and
judgment dated 11.11.2020 as amended on 21.12.2020 passed in
A.S.No.2640 of 2020 in C.S.No.113 of 2020.
For Appellant : Mrs.N.Fidelia
for Mr.R.Vivekananthan
For Respondents : Mr.B.Madhan Babu for R1
Mr.P.V.Balasubramaniam
for M/s. BFS Legal for R2 & R4
Mr.Cibi Vishnu for R6
Mr.Avinash Wadhwani for R7
R3, R5 and R8 - No appearance
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
This appeal arises from the judgment and decree passed by
learned Single Judge in C.S.No.113 of 2020 dated 11.11.2020.
2. Suit was filed by the Goa Volleyball Association praying for
certain reliefs. The said suit was unconditionally withdrawn.
3. Learned advocates for the respective parties have addressed
the Court at length, including on the merits of the matter. Much is said
about some of the observations in the order of learned Single Judge,
https://www.mhc.tn.gov.in/judis/
O.S.A.No.44 of 2021
more particularly, para 17 thereof and the proceedings arising there
from, including contempt proceedings.
4. Learned advocates have further stated that, though the suit
was sought to be withdrawn unconditionally, since some of the parties
in the writ petition asked for decision on certain issues, some
observations were made in the impugned order.
5. Once the suit was sought to be withdrawn unconditionally and
further when the same was being permitted to be withdrawn, whether
any observation (as contained in paragraph 17 of the order) was
required or not may be an issue, however keeping in view the above
submissions and further the order dated 02 September, 2021 on this
appeal, which is quoted hereinafter, this Court finds that ends of justice
would meet if the parties take recourse to file appropriate application
before learned Single Judge, for clarification and or modification. We
are informed that the present appellant has already moved such an
application, which learned advocate for the appellant informs that, is
at some procedural stage.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.44 of 2021
6. This Court had on 02, September, 2021, passed the following
order on this appeal:-
“The appellant is the fourth defendant in the suit.
Aggrieved by certain observations made in the
judgment dated 11.11.2020, particularly in
Paragraph No.17 of the judgment passed by the
learned Single Judge, the present appeal has been
filed.
2. The learned Single Judge vide judgment,
permitted the plaintiff-first respondent herein to
withdraw the suit unconditionally and accordingly,
the suit was withdrawn on payment of cost of
Rs.1,00,000/- (Rupees One Lakh Only) to the
Cancer Institute, Adayar, Chennai.
3. It appears that a contempt petition was filed by
the first defendant in the suit. If the appellant is
aggrieved by the observations made in the
judgment passed by the learned Single Judge, it is
open to him to take it up to the learned Single
Judge seeking to clarify the same. Having filed the
present appeal against the said judgment, the
respondents in the appeal trying to argue the suit,
which is not before us, to establish their rights.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.44 of 2021
4. In view of the above, the appellant-fourth
defendant is given liberty to approach the learned
Single Judge to get clarification within a period of
four weeks.
Post the matter on 07.10.2021.”
7. In view of above, no further order needs to be recorded on
this appeal.
8. The Original Side Appeal is disposed of in the above terms. No
costs. C.M.P.Nos. 1283 and 3077 of 2021 are closed.
(P.U., J.) (S.S.K., J.)
22.10.2021
Index:Yes/No
ssm
To
1.The Sub Assistant Registrar,
Original Side,
High Court, Madras.
2.The Secretary,
Union of India,
Ministry of Youth Affairs & Sports,
Shastri Bhawan,New Delhi.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.44 of 2021
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
ssm
O.S.A.No.44 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis/
