Madras High Court
Volleyball Federation Of India vs Mr.Narinder Dhruv Batra on 3 September, 2021
Cont.P. No.781 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 03.09.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Cont.P. No.781 of 2021
and
Sub.Appln. Nos. 204, 355 & 356 of 2021
Volleyball Federation of India,
rep. by its Secretary General
Mr. Anil Choudhry,
Room No.72, Jawaharlal Nehru Stadium,
Chennai-600 003. ... Petitioner
Vs.
1. Mr.Narinder Dhruv Batra,
President,
Indian Olympic Association,
Olympic Bhawan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
2. Mr. R.K.Anand,
Chairman – Legal Committee,
Indian Olympic Association,
Olympic Bhawan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
1/9
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Cont.P. No.781 of 2021
3. Mr. Rajeev Mehta,
Secretary General,
Indian Olympic Association,
Olympic Bhavan,
B-29, Qutab Institutional Area,
New Delhi – 110 016. ... Respondents
Prayer: Contempt Petition filed under Section 11 of Contempt of
Courts Act, 1971, praying to call the respondents to the Bar and punish
them for wilful and wanton disobedience of the order dated 11.11.2020
passed by this Hon'ble Court in C.S.No.113 of 2020.
Sub-Appln. Nos. 355 & 356 of 2021
Volleyball Federation of Uttaranchal,
called and known as Uttarakhand
Volleyball Association,
rep. by its General Secretary,
Hem Pujari. .. Applicant/Proposed
4th respondent
Vs.
1. Volleyball Federation of India,
rep. by its Secretary General
Mr. Anil Choudhry,
Room No.72, Jawaharlal Nehru Stadium,
Chennai-600 003.
2. Mr.Narinder Dhruv Batra,
President,
Indian Olympic Association,
Olympic Bhawan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
2/9
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Cont.P. No.781 of 2021
2. Mr. R.K.Anand,
Chairman – Legal Committee,
Indian Olympic Association,
Olympic Bhawan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
3. Mr. Rajeev Mehta,
Secretary General,
Indian Olympic Association,
Olympic Bhavan,
B-29, Qutab Institutional Area,
New Delhi – 110 016. ... Respondents
Prayer: Sub-Application filed under Section 151 of Civil Procedure
Code, 1908, praying to recall the order in Cont. Petn. No.781 of 2021
dated 23.08.2021 and to implead the applicant/proposed 4th respondent as
the 4th respondent in Cont. P.No.781 of 2021 dated 23.08.2021.
For Petitioner in : Mr.P.V.Balasubramanian for
Cont.P.No. 781/2021 M/s.BFS Legal
For Respondents : Mr.P.Chandrasekaran for R1
in Cont. P. No.781/2021
Mr.Kumarapaul Chopra for R2
Mr.Cibi Vishnu for R3
3/9
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Cont.P. No.781 of 2021
For Petitioner in
Sub.Appln. Nos.355 & : Mr. Avinash Wadhwani
356 of 2021
For Respondents in : Mr.P.V.Balasubramanian for
Sub.Appln.No. 355/2021 M/s.BFS Legal for R1
& 356/2021
Mr.P.Chandrasekaran for R2
Mr.Kumarapaul Chopra for R3
Mr.Cibi Vishnu for R4
ORDER
(This case has been heard through video conference)
This Contempt Petition has been filed to call the respondents and
punish them for wilful and wanton disobedience of the order dated
11.11.2020 passed by this Court in C.S.No.113 of 2020.
2. It is submitted by Mr.Avinash Washwani, learned counsel
appearing for intervening petitioner that the order in the civil suit has
been obtained by suppression of material facts. It is his contention that
the parties have already moved a Writ Petition before the High Court of
Delhi in W.P.(C) No.5257 of 2021 and the High Court of Delhi had
passed an order dated 11.05.2021 as follows :-
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Cont.P. No.781 of 2021
“6. It is made clear that any action taken by the respondents
pursuant to either of the elections, or by the Union of India
further to the impugned order dated 09.04.2021, will abide by
the result of this Writ Petition. None of the
respondent/proposed respondents will claim any equities in
respect of any acts done in the interim. Any person in control
of the funds of the respondent No.2/VFI will also maintain
proper accounts of the income and expenditure of VFI for the
perusal of the Court, as and when called for.”
Hence, his contention is that the above order has been suppressed and it
has not been stated before this Court. While this Court passed an order
on 23.08.2021 in the application of Contempt Petition, which has been
filed based on the judgment of this court recognising the election
conducted on 12.03.2020. This Court has also granted liberty to the other
parties to work out their remedy by filing a separate suit. However, the
Contemnors moved this Court contending that despite that order, the 1st
respondent herein President of Indian Olympic Association has not
recognised the election held on 12.03.2020. When such is the subject
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Cont.P. No.781 of 2021
matter of contempt, taking note of the order passed by this Court and the
earlier judgment, this Court passed the following order on 23.08.2021 :-
“3. Post on 03.09.2021. In the meanwhile, the Secretary
General of the Indian Olympic Association (IOA) is directed
to send a letter to the Federation International de Volleyball
(FIVB), indicating the orders of the Court recognising the
Election conducted on 12.03.2020. If such a letter is sent by
the Secretary, the person concerned shall act on such letter.
Such a letter also should be addressed by the President either
separately or jointly along with the Secretary.”
3. Now, it appears that the parties, who are at logger heads filed
the Writ Petition before the High Court of Delhi. Be that as it may, now it
appears that in pursuant to the order passed by this Court on 23.08.2021,
the 1st and 3rd respondents have complied the directions. Therefore, there
is nothing much to decide in the contempt petition. Further, this Court is
of the view that when the contemnor is already a party before the Delhi
High Court in W.P.(C) No.5257 of 2021, wherein interim orders are
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Cont.P. No.781 of 2021
passed, in all fairness, ought to have placed the same before this Court,
while passing the order by this court on 23.08.2021. Such suppression of
material facts would tell upon the conduct of the applicant in this
Contempt Petition. This Court has already recorded the conduct of
parties in the order dated 23.09.2020 observing as follows :-
“This Court is of the view that such vexatious litigations must
be nipped at the bud and the person instituting such litigation
put on terms.”
However, the Delhi High Court has also passed an interim order holding
that any action taken by Union of India in pursuant to the order dated
09.04.2021 will be subject to the result of Writ Petition. Therefore, any
action or recognition in pursuant to the order passed by this Court is done
by the respondents will be subject to the result of Writ Petition.
4. In such view of the matter, no further enquiry is required in this
regard. However, taking note of the suppression of facts, this Court
closes the contempt petition with cost of Rs.25,000/- (Rupees twenty five
thousand only) on the petitioners and the cost shall be payable to the
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Cont.P. No.781 of 2021
Cancer Institute, Adyar, Chennai within a period of two weeks from the
date of receipt of copy of this order. Accordingly, this Contempt Petition
is closed. No costs. Consequently, all the connected Sub-applications are
closed.
03.09.2021
rpp
Note : Issue order copy on 06.09.2021
To
1. Mr.Narinder Dhruv Batra,
President,
Indian Olympic Association,
Olympic Bhawan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
2. Mr. R.K.Anand,
Chairman – Legal Committee,
Indian Olympic Association,
Olympic Bhawan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
3. Mr. Rajeev Mehta,
Secretary General,
Indian Olympic Association,
Olympic Bhavan,
B-29, Qutab Institutional Area,
New Delhi – 110 016.
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Cont.P. No.781 of 2021
N.SATHISH KUMAR, J.
rpp
Cont.P. No.781 of 2021
and
& 356 of 2021
03.09.2021
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