KARAN SINGH GREWAL Vs. SECRETARY, CALCUTTA CRICKET

JUDGEMENT

(1.) The plaintiff of Title Suit No.782 of 2019 (hereafter described as the petitioner) has challenged the legality, validity and propriety of an order dated 24th July, 2019 passed by the learned District Judge, South 24 Parganas at Alipore in Miscellaneous Appeal No.161 of 2019 dismissing the said appeal holding, inter alia, that the suit filed by the petitioner was not maintainable; secondly, the Civil Court has no jurisdiction to try the suit in view of specific bar under Section 430 of the Companies Act, 2013 (hereafter referred to as 'the said Act'); and thirdly, question of granting ad-interim injunction in favour of the petitioner does not arise at all in a suit which is not otherwise maintainable.

(2.) Shorn off unnecessary details, the following facts are necessary to be recorded for proper adjudication of the instant application under Article 227 of the Constitution of India:-

(3.) During the pendency of the suit, the Club issued permanent order of suspension on 31st July, 2019. The petitioner has filed an application for amendment of plaint of Title Suit No.781 of 2019 praying for incorporation of the aforesaid subsequent event.