Karnataka High Court
Throw Ball Federation Of India vs Union Of India on 13 February, 2017
Author: A.S.Bopanna
Bench: A S Bopanna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
WRIT PETITION Nos.19643-19645/2013(GM-RES)
c/w
WRIT PETITION Nos.33255-33257/2011(GM-RES)
W.P.Nos.19643-19645/2013:
BETWEEN:
THROW BALL FEDERATION OF INDIA
(REG. NO.38/89-90)
BY ITS SECRETARY SRI RAMANNA
AGED ABOUT 63 YEARS
EARLIER ITS REGISTERED OFFICE AT 29,
RAJA RAM MOHAN ROY ROAD
BANGALORE
AND PRESENTLY HAVING ITS HEAD OFFICE
AT 1113/H, 1ST 'G' CROSS
GIRINAGAR 2ND PHASE
BANGALORE-560 085
... PETITIONER
(BY SRI. C.S.PRASANNA KUMAR, ADV.,)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF SPORTS & YOUTH AFFAIRS
501, 'B WING', SHASTRI BHAVAN
DR.RAJENDRA PRASAD ROAD
NEW DELHI-110 001
2. THE DIRECTOR
DEPARTMENT OF SPORTS & YOUTH AFFAIRS .
SHASTRI BHAVAN
NEW DELHI-110 001
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3. THROW BALL FEDERATION OF INDIA
(REG. NO.1113/82)
BY ITS SECRETARY, SRI KAMAL GOSWAMI
NO.832, MAHAVEER NAGAR 1ST
KOTA-324 005
RAJASTAN
... RESPONDENTS
(BY SRI A.HANUMANTHAPPA, CGC FOR R-1; 3
SRI KRISHNA S.DIXIT, ASG, FOR R-2;
SRI R. SUBRAMANYA, ADV., FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA,
WITH A PRAYER TO QUASH THE REPLY DATED 7.11.2012
BEARING NO.F.73-6/2012-SPI GIVEN BY THE R1 AS PER
ANNEXURE-AF, ETC.,
W.P. Nos.33255-33257/2011:
BETWEEN:
THROW BALL FEDERATION OF INDIA
BY ITS SECRETARY SRI RAMANNA
AT 1113/H, 1ST 'G' CROSS
GIRINAGAR 2ND PHASE
BANGALORE-560 085
... PETITIONER
(BY SRI. C.S.PRASANNA KUMAR, ADV.,)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF SPORTS & YOUTH AFFAIRS
501, 'B WING', SHASTRI BHAVAN
DR.RAJENDRA PRASAD ROAD
NEW DELHI
2. THE DIRECTOR
DEPARTMENT OF SPORTS & YOUTH AFFAIRS .
SHASTRI BHAVAN
NEW DELHI
3
3. THROW BALL FEDERATION OF INDIA
(REG. NO.1134/82)
BY ITS SECRETARY, SRI KAMAL GOSWAMI
NO.832, MAHAVEER NAGAR 1ST
KOTA-324 005
RAJASTAN.
... RESPONDENTS
(BY SRI KRISHNA S.DIXIT, ASG, FOR R-1 AND R2;
SRI R. SUBRAMANYA, ADV., FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA,
WITH A PRAYER TO QUASH THE PROCEEDINGS PENDING
BEFORE THE RESPONDENT NO.2 BEARING NO.F.73/2008
INITIATED AGAINST THE PETITIONER ON THE
COMPLAINT OF RESPONDENT NO.3 DATED 18.12.2007 AS
PER ANNEXURE-G, ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner in these petitions are assailing the reply dated 07.11.2012 and in that regard, the contentions are raised with regard to the recognition of the petitioner as a permanent body for conducting the Throw Ball Sport in National and International level.
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2. All contentions urged in these petitions are in relation to the said issue which has cropped up in the instant petitions while respondent No.3 is opposing the contentions put forth by the petitioner in that regard. Though detailed averments are made and contentions are put forth, the fact that a suit in C.S.(O.S.) No.844/2010 is pending before the trial Court at Delhi is not in dispute.
3. At the first instance, on an application filed under Order VII Rule 11 of CPC, the plaint had been rejected. The Throw Ball Federation of India was before the High Court of Delhi in RFA (OS) No.88/2012. By the order dated 08.04.2013, the Hon'ble Division Bench of High Court of Delhi has arrived at the conclusion that since the rival parties are leveling serious allegations not only with regard to the petitioner's constitution but also with regard to management of affairs, the appropriate forum would be 5 the Civil Court where the parties would tender evidence and thereafter the matter would be considered in accordance with law.
4. In that view of the matter, the suit in C.S.(O.S.) No.844/2010 is the appropriate proceedings in which the rival contentions between the petitioner and respondent No.3 is to be addressed and resolved. In such situation, the contentions as urged in these petitions would not arise for consideration at this point.
5. Learned counsel for the petitioner would however refer to the letter dated 07.11.2012 at Annexure- AF in W.P.Nos.19643-45/2013. In the communication issued by the Ministry of Youth Affairs and Sports, the petitioner has been informed about the facilities not being provided including the funds for sponsoring the team for the Tournament. The letter no doubt was addressed in the background of the Tournament which was scheduled 6 to be held between 20th to 23rd of December 2012 at Chattisgarh.
6. Though the letter makes a reference to the provision not being made in future until the dispute is resolved, liberty is however reserved to the petitioner or respondent No.3 to file an appropriate application with the Ministry of Youth Affairs and Sports as and when the Tournaments are conducted and if a team is to be sponsored by them. The said representation will also relate to the railway concession to be provided to the team members and the officials accompanying the team for their travel to the place where the Tournament would be conducted.
7. If such representation is made, keeping in view the Tournament in question and the interest of Sports persons participating in such Tournament, the Ministry of Youth Affairs and Sports shall take an 7 appropriate decision to provide such benefits since ultimately it is the sports person being a citizen would be benefited irrespective of the fact under whose banner they may participate or take part in the Tournaments.
With the said liberty to the petitioner and respondent No.3, leaving open all contentions on merits to be urged in the suit referred to above, these petitions stand disposed of.
Sd/-
JUDGE hrp Ct/nsd