Kerala High Court
Young Men'S Christian Association vs The National Council Of Young Men ... on 6 June, 2014
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 18TH DAY OF AUGUST 2014/27TH SRAVANA, 1936
AR.No. 40 of 2014
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PETITIONERS:
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1. YOUNG MEN'S CHRISTIAN ASSOCIATION, ARAKKULAM UNIT,
THODUPUZHA, IDUKKI - 685 591, AREGISTERED SOCIETY
REGISTRATION NO.1-644/99 REP. BY ITS HONY. SECRETARY
VICTOR THOMAS, AGED 44, S/O.THOMAS
ALANOLICKAL HOUSE, MOOLAMATTOM P.O,ARAKKULAM VILLAGE
THODUPUZHA TALUK, IDUKKI DISTRICT.
2. SUNNY SEBASTIAN, AGED 44 YEARS
S/O.SEBASTIAN, KOOTTUNKAL HOUSE, ARAKKULAM P.O.
THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADVS.SRI.DINESH R.SHENOY
SRI.H.KIRAN
SRI.SUJITHKUMAR
RESPONDENTS:
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1. THE NATIONAL COUNCIL OF YOUNG MEN CHRISTIAN
ASSOCIATION OF INDIA
AREGD. SOCIETY
HAVING ITS OFFICE ATBHARAT YUVAK BHAVAN
JAI SINGH ROAD, NEW DELHI, PIN: 110 001
REP. BY ITS CHIEF EXECUTIVE OFFICER
THE NATIONAL GENERAL SECRETARY NATIONAL COUNCIL
OF YMCA OF INDIA.
2. THE YMCA SOUTH WEST INDIA REGION,
YMCA CAMP CENTRE, THOTTUMMUGHAM, ALUVA - 682 305
REP. BY ITS REGIONAL SECRETARY.
3. PROF. JOY.C.GEORGE,, AGED 58 YEARS
S/O.GEORGE, THE DESIGNATED CONVENER
NOMINATION COMMITTEE, YMCA, SOUTH WEST INDIA REGION
YMCA CAMP CENTRE, THOTTUMUGHAM, ALUVA - 682 305.
R2 BY ADVS. SRI.SHIJU VARGHEESE
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON
18-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DCS
AR.No. 40 of 2014
APPENDIX
PETITIONER(S)' ANNEXURES :-
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ANNEXURE A1: COPY OF LETTER DATED 6.6.2014 REQUESTING FOR A
COPY OF THE VOTERS LIST
ANNEXURE A2: COPY OF LETTER DATED 6.6.2014 REQUESTING FOR A
COPY OF THE VOTERS LIST BY E-MAIL
ANNEXURE A3: COPY OF THE MEMORANDUM OF ASSOCIATION AND
RULES AND REGULATIONS OF THE 1ST RESPONDENT
ANNEXURE A4: COPY OF REQUEST LETTER DATED 30.05.2014 ISSUED BY
THE PETITIONERS TO 1ST RESPONDENT
ANNEXURE A5: COPY OF THE ORDER DATED 4.6.2014 IN I.A. NO. 565/2014 IN
O.P. (ARB). 1087/2014, ADDITIONAL DISTRICT COURT,
NORTH PARUR
ANNEXURE A6: COPY OF JUDGMENT DATED 6.6.2014 IN O.P.(C) NO. 1273/2014
HIGH COURT OF KERALA
RESPONDENT'S ANNEXURES :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V.CHITAMBARESH,J.
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A.R. No. 40 of 2014
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Dated this the 18th day of August, 2014
O R D E R
The dispute concerns the election to the Regional Committee of the Young Men's Christian Association. Article XIII.1 of Annexure A3 Rules and Regulations provides for resolution of the disputes by arbitration. The same is as follows:-
"XIII.1. All disputes arising out of, or in relation to, any proceedings or decision of the National Council, the National Board or the National Executive, or any action taken pursuant to any proceedings or decisions of any one of these three bodies, including disputes, if any, regarding election of persons to any post or office in any one of the said three bodies, shall be decided by arbitration by a Board of Arbitrators consisting of three members in accordance with the provisions hereinafter provided."
Annexure A4 request demanding arbitration by the petitioners has not been acceded to by the respondents. I therefore appoint Mr. Justice K. John Mathew (Retired), A.R. No. 40 of 2014 2 Mr. K.L. Varghese, Senior Advocate and Mr. Christopher Edvin, Advocate as the Arbitrators. The Arbitrators are free to fix their fees and also the venue of hearing.
The Arbitration Request is allowed.
V.CHITAMBARESH JUDGE DCS