Jammu & Kashmir High Court - Srinagar Bench
City Cricket Club Srinagar & Ors vs Bcci & Ors on 4 August, 2020
Bench: Ali Mohammad Magrey, Sanjay Dhar
Serial No. 207
After Notice List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Virtual Mode)
LPAOW No.14/2019 c/w
MCC No.12/2018
WP(C) No.3738/2019
City Cricket Club Srinagar & Ors.
..... Appellant(s)
Through: -
Mr A. H. Naik, Senior Advocate with Mr Zia, Advocate.
V/s
BCCI & Ors.
..... Respondent(s)
Through: -
Mr Sunil Sethi, Senior Advocate with Parimoksh Seth, Advocate
Mr B. A. Bashir, Senior Advocate
Mr Syed Faisal Qadri, Advocate
Mr Achyut Dubey, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Sanjay Dhar, Judge
ORDER
04.08.2020 LPAOW No.14/2019 [LPA No.43/2019]:
Mr A.H. Naik, Senior Advocate with Mr Zia, Advocate for the appellants. Mr Sunil Sethi, Senior Advocate with Mr Parimoksh Seth, Advocate for R-1. Mr Syed Faisal Qadri, Advocate for R-2 to 5.
On 16th of April, 2020, when the matter was listed before this Court, the learned counsel for the parties had invited the attention of this Court to order dated 14th of March, 2019 passed by Hon'ble the Supreme Court, whereby directions stand issued to all Courts/ Tribunals of the country not to entertain or proceed with any matter pertaining to the Board of Control for Cricket in India ( for short "the BCCI") or any State Cricket Association, therefore, the present proceedings were directed to be kept pending until such time the Apex Court modifies or vacates the said order.
Mr Sunil Sethi, learned senior counsel, appearing on behalf of the respondent No.1-BCCI, submits that since subsequent to passing of the aforesaid order dated 14th of March, 2019, the Hon'ble Supreme Court has allowed the BCCI to conduct the elections of the body, thereby the order dated 14th of March, 2019 stands modified, however, no such order of the Hon'ble Supreme Court has been made available to us subsequent to the aforesaid order dated 14th of March, 2019. In absence of any such order from the Hon'ble Supreme Court, we are unable to proceed further in the matter.
Mr Syed Faisal Qadri, learned counsel for respondents 2 to 5, submits that on the previous date of hearing of the proceedings pending before the Hon'ble Supreme Court, he had appeared in the matter and that to his knowledge the order dated 14th of March, 2019 has, till date, neither been vacated nor modified.
Let both the appearing counsel for the respondents place on record any order passed by Hon'ble the Supreme Court subsequent to order dated 14th of March, 2019 as well as after the election of the BCCI within two weeks from today.
List on 24th of August, 2020.
MCC No.12/2018:
None for the petitioner.
Mr Sunil Sethi, Senior Advocate with Mr Parimoksh Seth, Advocate and Mr Achyut Dubey, Advocate for the respondents.
None appears for the petitioners. In the interests of justice, adjourned. List as above.
WP(C) No.3738/2019:
None for the petitioners.
Mr B. A. Bashir, Senior Advocate with Ms Farah Bashir, Advocate & Mr Syed Faisal Qadri, Advocate for the respondents.
Since, the counsel representing the petitioners has since been elevated to the Bench, therefore, let the Registry issue fresh notice to the petitioners for making arrangement of a counsel to represent them in the matter.
List as above.
Registry to send a copy of this order to all the learned counsel for the parties through Virtual mode.
(Sanjay Dhar) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
August 4th, 2020
"TAHIR"
TAHIR MANZOOR BHAT
2020.08.04 13:53
I attest to the accuracy and
integrity of this document