ANIL CHINTAMAN KHARE Vs. PRESIDENT VIDARBHA CRICKET ASSOCIATIONS

JUDGEMENT

(1.) The Miscellaneous Civil Application is to seek recall/review of the order 09.08.2012 passed in Writ Petition No. 4440 of 2011. (Present respondent is hereinafter referred to as 'original petitioner' and present applicant as 'applicant' or 'VCA' or 'the Society' or 'original respondent').

(2.) The applicant contends, primarily, there are certain errors which would be apparent, for the order has been influenced and impressed and has been carried away by minority view of the judgment of the Supreme Court in the case of Zee Telefilms Ltd. .vs. Union of India, 2005 4 SCC 649 overlooking the majority view of three judges' which in terms segregates and separates the activities of the bodies like the applicantoriginal respondent holding not to be under any statutory or constitutional obligation or right and bodies like BCCI being not a State or its instrumentality under Article 12 of the Constitution of India. Since the majority view under its functional approach had considered, keeping in view the requisite relevant tests, present case being otherwise, writ petition No.4440/2011 deserves to be rejected.

(3.) The original petitionerrespondent herein had played Ranji Trophy cricket matches on behalf of the present applicant and had been its member during 198384. The present applicant had passed a resolution in August, 2010 about making payment of ex gratia amount (referred to as "pension") to its past Ranji Trophy Players. The original petitioner had thereafter during the period from August, 2010 to December, 2010 received such amounts.