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Chirag Khandal vs Equestrian Federation Of India (Efi) on 19 May, 2023

Author: M.M. Sundresh

Bench: M.M. Sundresh

                                                     1

     ITEM NO.44                              COURT NO.3                 SECTION XIV

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

              Petition(s) for Special Leave to Appeal (C)            No(s).     11305/2023

     (Arising out of impugned final judgment and order dated 13-04-2023
     in LPA No. 175/2023 passed by the High Court of Delhi at New Delhi)

     CHIRAG KHANDAL                                                      Petitioner(s)
                                                    VERSUS

     EQUESTRIAN FEDERATION OF INDIA (EFI) & ORS.                         Respondent(s)

     (IA No. 107249/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)

     Date : 19-05-2023 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SANJIV KHANNA
                             HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)                 Mr. Shyam Divan, Sr. Adv.
                                       Mr. Nikhil Singhvi, Adv.
                                       Ms. Shraddha Deshmukh, AOR
                                       Mr. Bilal Ikram, Adv.
                                       Mr. Shikhar Kishore, Adv.
                                       Mr. Utkarsh Kokcha, Adv.
                                       Mr. Milind Raj Dixit, Adv.

     For Respondent(s)

     Respondent no.4                   Mr. Vinayak Bhandari, Adv.


                              UPON hearing the counsel, the Court made the following
                                                 O R D E R

It is stated that an advance copy of the present special leave petition was served on the official respondents. However, none has entered appearance on their behalf.

Issue notice, returnable on 20.06.2023.

SWETA BALODI Date: 2023.05.19 17:11:20 IST Reason: Notice would be served by all modes, including dasti. Learned Senior Advocate appearing on behalf of the petitioner  2 – Chirag Khandal submits that the petitioner – Chirag Khandal had met and qualified the Minimum Eligibility Requirement ("MER") in the event held on 04.05.2022. Our attention is also drawn to the consent order dated 12.01.2023. Learned Senior Advocate submits that this order was subsequently recalled on the prayer made by respondent no. 1 - Equestrian Federation Of India (“EFI”). Certain allegations with regard to the mala fide etc. have been made, as it is submitted that the horses were required to be procured from a particular person for the purpose of training, etc. It is submitted that the petitioner – Chirag Khandal is training in France and in case his name is not included in the provisional list, he will not be eligible for the event in question. Further, in view of the rules/requirements prescribed by the Chinese Authorities, Indian horses cannot be used and, therefore, the training is being shifted to Germany. This training will be on new horses and thereupon the final section will be made. Thus, inclusion of the petitioner will not cause any prejudice.

Lastly, it is submitted that only six (6) names out of twelve (12) have been proposed and are to be sent for the event in question.

As an interim order and without prejudice to the rights and contentions of the respondents, we direct that respondent no.1 - EFI will include the name of the petitioner – Chirag Khandal in the provisional list which is to be issued/sent on or before 20.05.2023.

       (BABITA PANDEY)                                                (R.S. NARAYANAN)
       COURT MASTER (SH)                                             COURT MASTER (NSH)0