Delhi High Court - Orders
The Young Mens Christian Association Of ... vs National Council Ymcas Of India on 15 July, 2020
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 148/2018
THE YOUNG MENS CHRISTIAN ASSOCIATION OF
ERNAKULAM & ORS ..... Plaintiffs
Through Mr. P.I. Jose, Adv.
versus
NATIONAL COUNCIL YMCAS
OF INDIA . ... Defendants
Through Mr. Puneet Jaiswal, Adv. for
defendant no. 1
Mr. Manu Krishnan, Adv. for
defendant no. 4
Mr. Ranjay N., Adv. for
defendant nos. 5 and 6
Mr. Koshy John, Adv. for
defendant no. 7
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 15.07.2020
(Video-Conferencing)
IA no. 5601/2020 (for deletion of defendant nos. 2 and 3)
1. This application, preferred by the Defendant no. 1, seeks deletion of Defendants 2 and 3 from the array of parties in the suit.
2. The impleadment of Defendants 2 and 3, as defendants in the suit, was relatable to prayer (e) in the suit, which sought, inter alia, setting aside of the two letters, dated 6th March, 2018, issued by the CS(OS) 148/2018 Page 1 of 8 Ernakulam YMCA and the Bombay YMCA, whereby it appears that Defendants 2 and 3 were removed from the post of Board of Secretary of the said YMCAs, which they were holding. It appears that, thereafter, Defendants 2 and 3 have settled the matter and, therefore, do not nurture any further grievance regarding their removal. As such, learned counsel, ad idem, submit that it is not necessary to continue Defendants 2 and 3, as defendants, in these proceedings.
3. Accordingly, Defendants 2 and 3 are struck off from the array of parties.
4. However, in order to avoid confusion, the numbers, assigned to various defendants, would remain unchanged.
5. The application stands allowed and is disposed of accordingly.
IA no. 4926/2020 (impleadment)
1. This is an application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), seeking impleadment of the following persons as party defendants in the suit:
(i) Mr. M. Elangovan, Proprietor, Aqua Swimming Centre, Door no. 27/12, Brahmin Street, Saidapet, Chennai - 600015;
(ii) Mr. V. Muthu S/o Late Mr. Vellaisawamy, Trustee of MK Cricket Foundation, Door No. 21/8, Rajagopal CS(OS) 148/2018 Page 2 of 8 Street, Saidapet, Chennai - 600015;
(iii) AMP Entertainment, Regd. Office at: C - 3, Vijay Enclave, 29/14, Krishna Street, T-Nagar, Chennai - 600017;
(iv) Kreeda, a Sports Foundation, a Registered Trust, Regd. Office at: Old Door No. 33, New Door No. 18A, 1st Street, Kamdar Nagar, Nugambakkam, Chennai - 600034; and
(v) M/s. Anitha Texcot India Pvt. Ltd., Regd. Office at: No. 10/14, Bridgeway Colony Extn., Laxmi Nagar, Tirupur, Tamilnadu - 641607.
2. Though none of the existing defendants opposes the prayer of the plaintiffs for impleadment of the afore-named persons as additional Defendants 8 to 12, a brief allusion to the facts would be apposite.
4. CS(OS) 148/2018, in which the present IA has been filed, was preferred by the plaintiffs under Section 92 of the CPC, alleging mismanagement of the affairs of the Defendant 1 - Society. In these proceedings, initially, Hon'ble Mr. Justice Kurian Joseph (Retired) was appointed as Election Officer to conduct the election to the posts of President, Vice President and Treasurer of Defendant 1. The election took place and the result thereof was declared on 2nd December, 2018, in which Hon'ble Mr. J.B. Koshy (Retired), former Chief Justice of the High Court of Patna, was elected as President of Defendant 1. Vide order dated 11th December, 2018, this Court CS(OS) 148/2018 Page 3 of 8 directed the new elected team to take over the functioning of Defendant no. 1.
5. It is alleged, that despite this order, Mr. Leby Philip Mathew did not hand over the charge of Chairman of the YMCA College of Physical Education (hereinafter referred to as "the college"), a post held by the President of Defendant 1, ex-officio, and instead, continued to misappropriate funds, in collusion with Mr. Koshy Mathew, a Manager of the college.
7. This prompted the plaintiffs to move IAs 4859-60/2019, in the present proceedings, to implead Mr. Leby Philip Mathew and Mr. Koshy Mathew as additional defendants.
8. Vide order, dated 4th April, 2019, this Court noted that Article VII(3)(a)(iii) of the Rules of YMCA stipulated that the Committee of the Management of the college would be chaired by the National President of YMCA Council, who, at that time, was Hon'ble Mr. Justice J.B. Koshy, J. (retd). In view of the allegations levelled in the application, Mr. Leby Philip Mathew and Mr. Koshy Mathew, were permitted to be impleaded as Defendants 5 and 6 in the present proceedings. It was further directed that any cheque, to be issued from the accounts of the college, would be countersigned by Dr. George Abraham, Principal of the college, in addition to the existing signatories.
9. Allegedly, despite the above order, Defendant 5, in collusion CS(OS) 148/2018 Page 4 of 8 with Defendant 6, removed Dr. George Abraham as Principal of college on 24th June, 2019. This act was condemned, in unequivocal terms, by this Court, vide order, dated 8th July, 2019, which directed, further that, till further hearing, Dr. George Abraham would continue to function as Principal of the college.
10. Vide order dated 19th July, 2019, this Court directed the election of Members of the National Executive and President of the Defendant 1 - Society to be conducted by an Election Committee, chaired by Justice Kurian Joseph (Retired). Vide subsequent order, dated 3rd September, 2019, Justice Kurian Joseph (retd) was appointed to Chair the Board of Management of the college, which post is stated to be continuing to be occupied, till date.
11. As directed vide order, dated 19th July, 2019, the election to the National Executive and President of Defendant 1 was conducted on 31st February, 2020.
12. It appears that thereafter, vide order dated 23rd September, 2019, passed by the Division Bench of this Court in FAO(OS) 194/2019, the aforesaid directions, contained in the order, dated 19th July, 2019, were set aside, to the extent that the Division Bench directed fresh election to the post of President of Defendant 1 to be conducted by the Election Committee, chaired by Justice Kurian Joseph (Retired).
13. Consequent thereupon, it appears that election to other posts of National Executive of the Defendant 1 had been conducted on 21st CS(OS) 148/2018 Page 5 of 8 February, 2020, and appointments have been made to the said posts.
14. This application avers that it has come to the notice of the plaintiffs that there are several instances of mismanagement of the affairs of the college, as a result of which the college is presently in the doldrums. These acts have been attributed, in the present application, to the persons named in para 1 (supra), who are, consequently, being sought to be impleaded as additional defendants in this proceedings.
15. In view of the allegations contained in the present application, it is clear that the impleadment of the afore-named persons, as additional defendants, is necessary. At the cost of reiteration, it may be mentioned that none of the existing defendants opposes the said prayer.
16. Accordingly, the persons, named in para 1 (supra), i.e. (i) Mr. M. Elangovan, Proprietor, Aqua Swimming Centre, Door no. 27/12, Brahmin Street, Saidapet, Chennai - 600015, (ii) Mr. V. Muthu S/o Late Mr. Vellaisawamy, Trustee of MK Cricket Foundation, Door No. 21/8, Rajagopal Street, Saidapet, Chennai - 600015, (iii) AMP Entertainment, Regd. Office at: C - 3, Vijay Enclave, 29/14, Krishna Street, T-Nagar, Chennai - 600017, (iv) Kreeda, a Sports Foundation, a Registered Trust, Regd. Office at: Old Door No. 33, New Door No. 18A, 1st Street, Kamdar Nagar, Nugambakkam, Chennai - 600034 and
(v) M/s. Anitha Texcot India Pvt. Ltd., Regd. Office at: No. 10/14, Bridgeway Colony Extn., Laxmi Nagar, Tirupur, Tamilnadu - 641607 CS(OS) 148/2018 Page 6 of 8 are impleaded as Defendants 8 to 12 in the present suit.
17. The applicants/plaintiffs are directed to file an amended memo of parties, including the newly added defendants, within a period of one week.
18. This application is allowed and is disposed of accordingly.
IA no. 5047/2020 (amendment in plaint)
1. Mr. Manu Krishnan, learned counsel appearing for defendant no. 4, submits that this application, at the instance of the plaintiffs, seeks amendment of the plaint to incorporate therein, the allegations against the newly added Defendants 8 to 12. He opposes the prayer for amendment in the suit on the ground that by doing so, the scope of plaint is being unduly enlarged, which cannot be done by way of an amendment application, as, by amendment, the cause of action, on which the Court was originally approached, cannot be altered. He seeks and is granted one week's time to file reply, with advance copy to the plaintiffs, who may file rejoinder thereto, if any, within one week thereof.
2. Non-applicants may also file reply to this application, with an advance copy to the plaintiffs, who may file rejoinder thereto, if any, within one week thereof.
3. Renotify for hearing IA 5047/2020 on 11th August, 2020.
CS(OS) 148/2018 Page 7 of 8C. HARI SHANKAR, J.
JULY 15, 2020 r.bararia CS(OS) 148/2018 Page 8 of 8