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Delhi High Court - Orders

Delhi Gymnastics Association vs Gymnastics Federation Of India & Ors on 26 November, 2024

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~73
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 17756/2022 & CM APPL. 68923/2024 & 68925/2024
                                                DELHI GYMNASTICS ASSOCIATION                    .....Petitioner
                                                                                      Through:                 Mr. Syed Rehman and Ms. Ayesha
                                                                                                               Fatima, Advocates.
                                                                                      versus

                                                GYMNASTICS FEDERATION OF INDIA & ORS. .....Respondents
                                                             Through: Ms. Arunima Dwivedi, CGSC for R-
                                                                      3.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                                      ORDER

% 26.11.2024 CM APPL. 68924/2024 (seeking directions for early disposal of appeal filed on behalf of Applicant before the Indian Olympic Association)

1. On 24th October, 2024, CM APPL. 62877/2024 was disposed of with the following terms:

"CM APPL. 62877/2024 (for early disposal of appeal filed on behalf of the applicant before the Indian Olympic Association)
4. This writ petition has been disposed of on 6th August, 2024, in the following terms:
"8. The remedy of appeal is available and it cannot be said to be waived just because the learned Counsel for the Petitioner refused to avail the same at the time of hearing of the writ petition.
9. In view of the fact that this Court had noted that there is an appellate remedy available to the Petitioner, which was not accepted by the learned Counsel for the Petitioner, this Court is inclined to accede to the request made by the Petitioner in the present application.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:42:27
10. It is made clear that all the rights and contentions of both the parties, being the Petitioner and the Respondent, are left open and the Respondents are at liberty to dispose of the appeal in accordance with law as expeditiously as possible in terms of the Constitution of GFI."

5. The Petitioner has filed the present application, seeking a direction to Indian Olympic Association ('IOA') to dispose of their appeal in a timebound manner. It is noted that IOA was not a party to the present petition when the final order was passed, nonetheless, a copy of the present application has been served on IOA, and they are represented by a counsel today.

6. Be that as it may, in the opinion of the Court, no further directions are necessary, as the aforesaid final order makes it abundantly clear that the appeal has to be disposed of expeditiously.

7. However, since counsel for Respondent No. 1 objected to the maintainability of the alleged appeal, it must be clarified that the Court has not made any comments regarding the maintainability of any appeal filed by the Petitioner. All rights and contentions of the parties to that extent are left open."

2. Through the present application, the Petitioner seeks another direction to be issued to the Indian Olympic Association1 for early disposal of the Petitioner's appeal. In this regard, counsel for the Petitioner submits that after the aforementioned order was passed by this Court, there has been new development to the effect that on 9th November, 2024, the Delhi Amateur Gymnastics Association, which claims state affiliation with Respondent No. 1 - Gymnastics Federation of India, issued a circular for the Delhi State Gymnastics Championship 2024-2025. Therefore, counsel for the Petitioner urges that while the appeal regarding the issue of affiliation is sub-judice before the IOA, the issuance of such circular prejudices the rights of the Petitioner, constraining them to file another application before this Court for 1 "IOA"

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:42:27 early disposal of the appeal before the IOA.

3. Considering the aforenoted request, the present application is disposed of by directing the IOA to take a decision on the Petitioner's appeal preferred on 2nd September, 2024, expeditiously, preferably within a period of eight weeks from today.

4. Pending applications also stand disposed of.

SANJEEV NARULA, J NOVEMBER 26, 2024 as This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:42:27 $~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14264/2022 NARENDER KUMAR @ NEERAJ & ORS. .....Petitioners Through: None.

versus GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Anupam Srivastava, ASC with Ms. Anushka Bhatnagar, Advocate for R-1 and R-2.

Mr. Mam Chand, Respondent No. 3

(in-Person).

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA ORDER % 26.11.2024 CM APPL. 68946/2024 (on behalf of Respondent No. 3 for considering the facts and pronounced the judgment against the Petitioner) List on the date already fixed i.e., 10th December, 2024.
SANJEEV NARULA, J NOVEMBER 26, 2024 as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:42:27