K S MINHAS Vs. WRESTLING FEDERATION OF INDIA

JUDGEMENT

(1.) IN this case, two written statements have been filed on behalf of defendant No.1. The first is a joint written statement on behalf of defendant Nos. 1 and 2 filed through Shri Anupam Dhingra and Shri Rajiv Samaiyar, Advocates. The other is the written statement handed over today in the Court and filed through Shri Gurbaksh Singh, Advocate. Obviously, the Court cannot consider two separate written statements on behalf of defendant No.1. It appears that the written statement filed by Shri Gurbaksh Singh, Advocate, has been authorized by the General Secretary of defendant No.1 whereas the written statement filed through Shri Rajiv Samaiyar, Advocate, has been authorized by defendant No.2 who is its President. Primarily, it is for the Executive Council of defendant No.1 to decide who will represent it in this suit and what stand it has to take on behalf of defendant No.1. Admittedly, the matter has not been placed before the Executive Council of defendant No.1 to take a decision in this regard. It is, therefore, directed that an extraordinary meeting of the Executive Council of defendant No.1 will be held on 7th February, 2010 at 5.00 PM at a suitable place to be decided by defendant No.2 in Jalandhar, Punjab where all the members of the Executive Council are stated to have reached in connection with Shaheed Bhagat Singh INternational Wrestling Tournament scheduled to be held from 9th February, 2011 to 12th February, 2011. All the parties present in the Court want the meeting to be held at Jalandhar only. The president of defendant No.1 will inform all the members of the Executive Council through courier as well as by telegram and on telephone about the date, time and venue of the meeting. The Executive Council in that meeting will decide who is to represent defendant No.1 in this suit and who is to be engaged as its counsel for the purpose of defending this suit. The decision of the Executive Council will be conveyed to the Court on the next date of hearing.

(2.) LIST this matter again for hearing on 6 th July, 2011. I.A. No.884/2011

(3.) THERE is absolutely no document on record that defendant No.2 was ousted from the membership of Delhi Amateur Wrestling Association in a meeting held on 5 th June, 2009. On the other hand, defendant No.2 has placed on record a certificate dated 27th January, 2011 issued by the President and Secretary General of Delhi Amateur Wrestling Association certifying that he is a founder member of the association since 1991 and that he has continued to be its member without any break and interruption.