LAWS(TRIP)-2022-1-40

TIMIR CHANDA Vs. TRIPURA CRICKET ASSOCIATION

Decided On January 18, 2022
Timir Chanda Appellant
V/S
Tripura Cricket Association Respondents

JUDGEMENT

(1.) The facts in brief in the instant revision petition are that, the petitioner herein, Shri Timir Chanda is the elected Honorary Secretary of the respondent-Tripura Cricket Association ('TCA' for short). On 13/3/2021, in a meeting of the Apex Council of TCA "No Confidence Motion" was placed against the petitioner being the Secretary of Tripura Cricket Association and as per the resolution passed in the meeting, the appellant was ousted from the TCA from the post of Honorary Secretary invoking the Clause 7(1)(d) of the constitution of TCA and the power of Secretary was delegated to the Joint Secretary until the Secretary post is duly filled up. The petitioner was however absent in the meeting on the ground of his ailment. In this connection, a press release dtd. 13/3/2021 was also issued. Consequently, upon the resolution dtd. 13/3/2021, a letter dtd. 15/3/2021 was also communicated to the petitioner. Being aggrieved and dissatisfied with the resolution dtd. 13/3/2021, the petitioner had approached the Trial Court in Civil Judge, Senior Division and filed a civil suit bearing No. T.S. 40 of 2021 for declaration and perpetual injunction. Along with the suit he also filed an application for temporary injunction, and the same was registered and marked as Civil Misc. (INJ) 29 of 2021. Learned Civil Judge, Senior Division dismissed the application dtd. 2/6/2021. Challenging the order dtd. 2/6/2021, the petitioner preferred an appeal before the Appellate Court, Addl. District Judge and the same was registered and marked as Misc. Appeal No. 09 of 2021 and vide order dtd. 1/12/2021, the learned Addl. District Judge, West Tripura, Agartala dismissed the appeal. Being aggrieved and dissatisfied, the petitioner has filed the instant application under Article 227 of the Constitution of India challenging the impugned order dtd. 1/12/2021.

(2.) By filing the instant revision petition, the petitioner herein has prayed for the following reliefs:-

(3.) Heard Mr. S. Lodh, learned counsel appearing for the petitioner as well as Mr. A. Sengupta, learned counsel appearing for the respondents.