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1 - 6 of 6 (0.35 seconds)Lalit Kumar Modi vs Board Of Control For Cricket In India&Or on 26 September, 2011
1. These are two cross appeals against ex parte order dated 21.9.2013
passed by Ms. Ruby Alka Gupta, the learned ADJ, Patiala House Courts,
New Delhi in Suit No.567/2013 titled Lalit Kumar Modi vs. The Board of
Control for Cricket in India & Ors. The first appeal FAO 370/2013 has
been filed by the Board of Control for Cricket in India while as the
second appeal FAO 373/2013 has been filed by Lalit Kumar Modi & Ors.
A. Venkatasubbiah Naidu vs S. Chellappan And Ors on 19 September, 2000
In support of his contention Dr. Singhvi has placed reliance on
the judgment of the Apex Court in A. Venkatasubbiah Naidu vs. S.
Chellappan & Ors.; (2000) 7 SCC 695 wherein it has been observed in
para 21 as under :-
Magotteaux Industries Pvt. Ltd. & Ors. vs Aia Engineering Ltd. on 14 November, 2008
11. I have carefully considered the rival contentions. At the outset, I
may observe that the plea taken by Dr.Singhvi that there is no appeal
maintainable against the ex parte ad interim order does not convince me.
F.A.O. Nos.370/2013 & 373/2013 Page 8 of 23
If such a proposition is accepted then it will do more harm than good.
There is no dispute that the Division Bench of this court in the case of
Magotteaus Industries Pvt. Ltd. vs. AIA Engineering Ltd.; 155 (2008)
DLT 73 has entertained an appeal against an ex parte ad interim order
holding it to be maintainable against the order passed by the learned
single judge sitting on the Original Side.
T. P. Daver vs Lodge Victoria No. 363, S. C. Belgaum on 12 December, 1962
In this regard, the learned senior counsel has sought to place
reliance on the judgment of the Supreme Court in T.P.Daver v. Lodge
Victoria No.363 S.C.Belgaum and Ors.; (1964) 1 SCR 1 wherein it has
been held that the source of the power of associations like clubs and
lodges to expel their members is the contract on the basis of which they
become members and thus power to expel by the domestic tribunal is
bound to be construed strictly. It was contended that the power to expel
in the instant case cannot be liberally exercised by the SGM so as to make
the suit of the appellant itself redundant. This point was also countered
by the learned senior counsel who drew attention of the court to the
language of the show cause notice which clearly referred that Mr.Modi
was required to be personally present for the purpose of hearing in person
and explain his conduct in the light of the report of the disciplinary
committee. It was stated that this itself would clearly show that the
principles of natural justice were being fully complied with but it also
showed that the SGM was taking place with an open mind and there was
F.A.O. Nos.370/2013 & 373/2013 Page 18 of 23
no perceived notion against Mr.Modi. I feel that having regard to the
language of the notice sent to Mr.Modi, the fear of Mr.Modi is baseless
that he is going to be expelled as it is based on conjecture without any
evidence prima facie.
Delhi Development Authority vs Skipper Construction Company(P) Ltd. & ... on 6 May, 1996
22. The Supreme Court has cautioned the courts to be slow in granting
ex parte orders in a number of matters including educational authorities
as well as holding of elections or even cases where domestic inquiries are
being held. It has been observed by the Apex Court that unless and until
the court is satisfied petitioner has a cast iron case which is bound to
succeed or the error is so gross or apparent that no other conclusion is
possible, such an order ought not to be passed. The feelings of the
Supreme Court with regard to the grant of an ex parte order can be
gauged from the observations of the Supreme Court in DDA vs. Skipper
Construction Company (P) Ltd. and Anr.; AIR 1996 SC 205.
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