Bombay High Court
Chandrashekhar Chotopant Tambade vs Indian Dental Association Through ... on 2 January, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-OS:138
(38)CONPL-4268-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION (L) NO.4268 OF 2023
IN
ARBITRATION PETITION NO.528 OF 2022
Chandrashekhar Chotopant Tambade ] .. Petitioner
vs.
Indian Dental Association & Ors. ] .. Respondents
WITH ARBITRATION PETITION(L) NO.4292 OF 2023 Arunkumar Bansikumar Chhajed ] .. Petitioner vs. Indian Dental Association & Ors. ] .. Respondents Mr.Vijay Nene, for the Petitioner.
Ms.Deepali Bagla i/b Bagla & Associates for Respondent No.1 in Conpl No.4268/2023 and for Respondent Nos.1 and 3 in ARBPL No.4292/2023.
CORAM : BHARATI DANGRE, J
DATE : 2nd January, 2024.
P.C.
1] Contempt Petition (L) No.4268/2023 alleges disobedience of the
order passed by this Court on 13.12.2022 in Arbitration Petition No.528/2022.
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(38)CONPL-4268-2023.doc The Petitioner, a Dentist by profession is life member of Indian Dental Association (IDA) and he alleged certain misdemeanors on the part of the members of Association and in specific his grievance pertained to the non adherence to the provisions in the Constitution of the Indian Dental Association. He raised cloud over the election procedure conducted by the Association, with an expectation that the Association should strictly follow the imperative mandate as per the Constitution of Indian Dental Association.
He had approached this Court alongwith one Mr.Sudarshan Ranpise who filed a separate Petition, with a common grievance, pertaining to the election of the President of the Indian Dental Association for the year 2022. The Section 9 Petition sought stay on counting of the votes held for the post of President and four posts of vice Presidents in contemplation of the arbitration proceedings. A relief was also sought against Respondent No.1 to appoint an Arbitrator as prescribed in the Constitution of Indian Dental Association to complete the arbitration proceedings within the stipulated period.
Recording the stand of the Respondent that the election process for one post of President and four posts of Vice President for the year 2022-2023 was conducted in accordance with the Constitution of the Indian Dental Association and the results having been already declared 2/8 ::: Uploaded on - 04/01/2024 ::: Downloaded on - 04/01/2024 22:53:30 ::: (38)CONPL-4268-2023.doc on 24.04.2022, stay was granted to the functioning of the office bearers.
However, taking note of the provision of the constitution for referring the dispute to arbitration and in particular in relation to the "Disputes and Arbitration" chapter, where it is contemplated constitution of the an Arbitration Committee, it was specifically recorded that if such committee is not constituted, it shall forthwith be constituted, so that necessary steps can be taken for appointment of Arbitrator.
2] The Contempt Petition alleges disobedience of this order.
Worth it to mention that the Respondent filed Affidavit in the Contempt Petition through the Secretary General of Respondent No.1 on 04.08.2023, where a categorical statement is made in Para 8 to the following effect :-
"8. I further say that the Petitioner is habitual in unnecessarily delaying the smooth functioning of the Respondent no. 1. It is pertinent to note that the members such as Petitioner are 2/3 in an association of over 75,000 members. The Petitioner and other 2/3 members have been non-co-operative and creating unnecessary hurdles without any cogent proofs and documents. I most humbly state and submit that since earlier two Petitioners i.e.Dr.Chottopant Chandrashekhar Tambade and Dr. Sudarshan Ranpise did not get any relief from this Hon'ble Court, it is 3/8 ::: Uploaded on - 04/01/2024 ::: Downloaded on - 04/01/2024 22:53:30 ::: (38)CONPL-4268-2023.doc therefore that the present Petitioner has been persuaded to file the present Petition in order to disrupt the orderly functioning of the Respondent no. 1."
Apart from this, in Para 16 a further averment is made :
"I further say that the Petition is devoid of any cause of action that has given rise for invoking Section 9 of the Arbitration and Conciliation Act, 1996."
The stand of the Respondents is clear, that the Arbitration Committee is a permanent body and it exist all the time and therefore the direction that the Arbitration Committee to be constituted to appoint an Arbitrator, do not deserve any implementation. 3] The learned counsel Ms.Bagla, representing the Association would specifically invite my attention to the provisions pertaining to "Disputes and Arbitration" and she has taken me through the procedure to be followed in case of any complaints being made either at local level or at State branch or at the central council. According to her, on receipt of a complaint on either of these level, the matter shall be referred to the Constitution Committee of the respective branch within 30 days of receipt of the complaint and the Constitution Committee is then obliged to decide the matter after due consideration and the decision arrived at shall be final and binding on all the disputants. If 4/8 ::: Uploaded on - 04/01/2024 ::: Downloaded on - 04/01/2024 22:53:30 ::: (38)CONPL-4268-2023.doc the disputant is not satisfied with the decision of the Constitution Committee, he is at liberty to seek arbitration. 4] Perusal of the relevant clause would reveal that the invocation of arbitration is necessarily preceded by an alternative mechanism for dispute resolution and it is particularly stated that the disputes can be referred for arbitration only after exhausting all the remedies provided therein.
The learned counsel for the Respondent is justified in submitting that reference of the complaint to the the Constitution Committee being a condition precedent for invoking arbitration or making the dispute over to the Arbitrator and since at present the grievance of the complainant is pending before the Constitution Committee, the arbitration proceedings are not contemplated. 5] The learned counsel for the Contempt Petitioner has invited my attention to a communication received by him in respect of the complaint being referred to sub committee, but Ms. Bagla would make a statement which is premised on the minutes of the fourth central council meeting held on 18.02.2023, that the complaint filed by the Petitioner is presently before the Constitution Committee, but in the wake of the Contempt Proceedings it has been kept in abeyance. 5/8 ::: Uploaded on - 04/01/2024 ::: Downloaded on - 04/01/2024 22:53:30 :::
(38)CONPL-4268-2023.doc On instructions she submits that the next meeting of the Constitution Committee is scheduled on 02.02.2024. 6] I see no reason why pending the Contempt Proceedings the Constitution Committee shall defer its decision on the complaint as according to the Constitution of the IDA, a complaint shall be first referred to the Constitution Committee and only dependent upon its outcome the matter can be referred to the Arbitrator.
As far as Contempt Petition is concerned, since the Respondent/ Indian Dental Association through the Affidavit filed has made it clear that the Arbitration Committee need not be constituted, but it is in existence and since there is a stipulation of complaint being referred to the Constitution Committee before the same is made over to the Arbitrator, I deem it appropriate that the Constitution Committee shall take a decision upon the complaint of the Petitioner in its next meeting, after giving an opportunity of hearing to the Petitioner as well as all concerned.
Since I do not find that there is any disobedience of the order as alleged, the Contempt Proceedings are dropped and the Contempt Petition stands disposed off.
7] Another connected Petition filed by Arunkumar Chhajed also 6/8 ::: Uploaded on - 04/01/2024 ::: Downloaded on - 04/01/2024 22:53:30 ::: (38)CONPL-4268-2023.doc raise grievance about the manner of conduct of election by the Indian Dental Association for the year 2021 and the grievance specifically raised is, that a Secretary of the Association whose term had expired had conducted the elections. The prayer clause in the Petition read to the following effect :
"a. By way of appropriate Order of injunction, the Respondents be restrained from the conducting the affairs and taking any financial and executive decisions of Respondent No.1 pending the Arbitral Proceedings.
b. Be pleased to stay the AGM dated 19/02/2023 till the commencement of Arbitration Proceedings."
8] As far as the AGM is concerned, since the process is already over, the said prayer has become infructuous.
Prayer clause (a) which seeks restraint order restraining the Respondent from conducting the affairs and taking financial and executive decisions of Respondent No.1 pending Arbitral Proceedings is concerned, it is worth to mention that the Committee which was elected in the year 2021-2022 has completed its tenure and as far as the objection of the tenure of the Secretary is concerned, it is informed by the learned counsel for the IDA that his tenure was over and he also enjoyed the benefit of the extension of one year which the other committee members enjoyed in the year 2020.
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(38)CONPL-4268-2023.doc 9] In any case, since the new Secretary is now inducted and the elections are now to be conducted by the newly appointed Secretary, I do not deem it appropriate to grant any relief as prayed for in Section 9 Petition.
Needless to state that the Petitioner has liberty to invoke the mechanism available to him by making complaint to the Constitution Committee, if it is permissible for him to do so.
With the aforesaid observations, Arbitration Petition (L) No.4292/2023 is disposed off.
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