S. SYAM KUMAR Vs. QUILON DISTRICT CRICKET ASSOCIATION

JUDGEMENT

(1.) The above appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act' for short) challenging Annexure-A1 order passed by the Additional District Court-VI (Vacation Judge), Thiruvananthapuram in IA No.3276/2017 in OP (Arb) No.665/2017. By the impugned order the court below had issued notice to the respondents in the interim application on observing that, no prima facie case is made out to issue an ad-interim order. The matter was posted for hearing before that court on 30-12-2017.

(2.) When the above appeal came up for admission this court had issued notice to respondents 1 to 3 through special messenger. Notice to the 4th respondent was issued through speed post. Respondents 1 to 3 had entered appearance through Adv. K.N. Abhilash. Eventhough notice sent to the 4th respondent has not yet returned, we are proceeding with the hearing and disposal of the appeal taking note of the urgency in the matter and also because of the fact that the order proposed to be issued will not be affecting the 4th respondent in any manner, since they are only a formal party in the case.

(3.) Issue relates to participation of teams sponsored by the club to which the appellant herein is the Secretary, in the 'District League Match' being conducted by the 1st respondent Association. Evidently, affiliation of the club in question was terminated by virtue of a decision taken by the Executive Committee of the 1st respondent Association, held on 19-1-2017. Annexure-A3 letter issued by the 1st respondent association would reveal that the termination was decided based on an enquiry conducted and a report obtained. However, through Annexure-A3 letter the appellant was intimated that a decision was taken to convene a special general body meeting to discuss the matter and the appellant was directed to appear before the special general body meeting to explain their version. Further, as evident from Annexure-A2 letter dated 08-12- 2017, the special general body meeting held on 03-12-2017 had taken a decision to lift the earlier decision of the Executive Committee with respect to termination of affiliation of the IPO-B club. It is evident that the appellant was informed that if they are aggrieved by the decision, they will be entitled to invoke the arbitration clause contained in the bye-laws before the Kerala Cricket Association.