LALIT KUMAR MODI THROUGH HIS CONSTITUTED ATTORNEY SHRI MEHMOOD M ABDI Vs. BOARD OF CONTROL FOR CRICKET IN INDIA

JUDGEMENT

(1.) THESE are two cross appeals against ex parte order dated 21.9.2013 passed by Ms. Ruby Alka Gupta, the learned ADJ, Patiala House Courts, New Delhi in Suit No.567/2013 titled Lalit Kumar Modi vs. The Board of Control for Cricket in India & Ors. The first appeal FAO 370/2013 has been filed by the Board of Control for Cricket in India while as the second appeal FAO 373/2013 has been filed by Lalit Kumar Modi & Ors.

(2.) BRIEFLY stated the facts leading to the filing of the present appeals are that Lalit Kumar Modi filed a suit for declaration and permanent injunction against BCCI making Mr. Arun Jaitley, Mr. Chirayu Ameen, Mr. Jyotiraditya Scindia, members of the Disciplinary Committee, Mr. Jagmohan Dalmiya, Mr. Sanjay Patel and Mr. N. Srinivasan as defendants. The case which was setup in the plaint was that Lalit Kr. Modi is an administrator of BCCI and he sought a declaration that the decision of the Working Committee of the BCCI dated 2.6.2013 and 10.6.2013 appointing Mr. Jagmohan Dalmiya to look after the day to day affairs of the BCCI is illegal and contrary to BCCI Rules and Regulations. Similar declaration was sought with regard to the appointment of Mr. Sanjay Patel as the Honorary Secretary of the BCCI. It was further prayed that the notice dated 2.9.2013 issued by Mr. Sanjay Patel is illegal, nonest and contrary to the BCCI rules and regulations and accordingly a permanent injunction against the said notice was sought. It was also prayed that a permanent injunction order be passed restraining Mr. Jagmohan Dalmiya, Mr. Sanjay Patel and Mr. N. Srinivasan from discharging the function as president and secretary of the BCCI. The suit was filed on 19.9.2013 before the court of learned District Judge and it was marked to learned ADJ on 21.9.2013. Along with suit an application under Order 39 Rule 1 and 2 CPC was also filed wherein an ex parte ad interim injunction from restraining the BCCI from holding the Special General Body Meeting (in short ,,SGM) on 25.9.2013 was sought and similarly, an ex parte ad interim injunction restraining defendant Nos.5 to 7 in the suit, that is, Mr. Jagmohan Dalmiya, Mr. Sanjay Patel and Mr. N. Srinivasan from discharging their function as president and secretary of the BCCI was also prayed for.

(3.) THE learned ADJ after noticing the submissions of the learned counsel for Mr. Modi passed a cryptic order holding as under :-