VIJAY SPORTS CLUB Vs. VIJAY SPORTS CLUB

JUDGEMENT

(1.) The instant appeal is at the instance of the defendant nos. 2 to 5 and is directed against the later part of the order no. 91 dated January 22, 2020 passed by the Learned Judge VIth Bench, City Civil Court at Calcutta in Title Suit no. 1587 of 2018 whereby the application for temporary injunction filed by the respondent no. 1 herein was allowed.

(2.) The respondent no. 1 filed a suit for declaration that the plaintiff, a registered society is only entitled to represent Vijay Sports Club (for short "the VSC") before various bodies including the respondent no. 2 herein and for a further declaration that the appellants being the trustees of the purported trust is not entitled to use the name of VSC and to represent it before the respondent no. 2 or other authorities and for permanent injunction restraining the defendant no. 1/ respondent no. 2 herein their men and agents and/or permitting the said trust to represent VSC and/or to allow them to participate in the cricket tournaments to be organised by the defendant no 1. A decree for permanent injunction restraining the defendant no. 1 from recognising anybody as VSC other than the plaintiff for participating in the cricket tournament was also prayed for.

(3.) The case made out by the respondent no. 1 in the plaint of the said suit may be summed up as follows-