Madras High Court
OSA/293/2021 of THE FEDERATION OF MOTOR SPORTS CLUBS OF INDIA (FMS Vs PRITHIVIRAJ JAGANNATHAN COUNCILOR on 21 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
O.S.A.No.293 of 2021
CNR:{HCMA010963812021}
and
C.M.P.No.16056 of 2021
The Federation of Motor Sports Clubs of India (FMSCI) Rep By. its Secretary General, A.25, Krishna Tower, 50, Sardar Patel Road, Taramani, Chennai - 113.
..Appellant(s)
Vs
1. Prithiviraj Jagannathan
2. Mohamed Akbar Ebrahim
3. Khazi Farooq Ahmed
4. Farokh Homi Commissariat
5. Tamal Ghosal
6. Bharat Vivek Chandhok
7. Raj Kapoor
8. Sita Raina
9. Sanjay Sharma
10.Shivu Shivappa
..Respondent(s)
Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letters Patent, to set aside the Fair and Decretal order dated 21.06.2021 made in Application No.727 of 2020 in C.S.No.388 of
2020.
For Appellant(s):
Mr.S.R.Rajagopal,
Senior Counsel for
Ms.Vijayalakshmi Rajagopal
For Respondent(s):
Mr.H.Karthik Seshadri
for R1
No appearance for R2 to R10
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J U D G M E N T
(Judgment of the Court was delivered by P.Velmurugan J.) The present intra-Court appeal is directed against the order dated 21.06.2021 passed by the learned Single Judge in O.A.No.727 of 2020 in C.S.No.388 of 2020.
2. The first respondent/plaintiff, a Councillor of the Federation of Motor Sports Clubs of India (FMSCI), instituted the suit challenging the decision of the Council of the appellant/first defendant dated 26.10.2020 under Agenda Item No.17, communicated by e-mail dated 17.11.2020, whereby, the plaintiff was prevented from acting and functioning as a Councillor of FMSCI on the ground that Coimbatore Auto Sports Club (CASC), Coimbatore, through which he was nominated, had been struck off and was no longer in existence. Pending the suit, he filed O.A.No.727 of 2020 seeking an interim injunction. The learned Single Judge initially granted an ex-parte interim injunction on 18.12.2020. Thereafter, upon consideration of the materials on record, the learned Single Judge found a prima facie case in favour of the plaintiff and made the interim injunction absolute by the impugned order dated 21.06.2021. Aggrieved by the said order, the present appeal has been filed.
3. The learned Senior Counsel appearing for the appellant contended that CASC, being a defunct/struck-off Society, could not continue as a Founder Member of FMSCI and, consequently, the first respondent could not continue as its nominee. He further contended that the term for which the first respondent/plaintiff was elected as a Councillor had already expired and, therefore, the relief sought for in the present appeal has become infructuous.
4. Per contra, the learned counsel for the first respondent submitted that the first respondent was duly elected as a Councillor of FMSCI as the nominee of CASC, a Founder Member, and that CASC had continued to be recognised as such by FMSCI. He further submitted that the first respondent was entitled to continue as a Councillor and that there was no merit in the contentions raised by the appellant.
5. We have considered the arguments. We have gone through the records.
6. Admittedly, the term for which the first respondent/plaintiff was elected as a Councillor of FMSCI has already expired. In view of the subsequent development, even if the impugned order is set aside, no effective relief can now be granted in the present appeal. Therefore, the relief sought in the present appeal does not survive for consideration and the appeal has become infructuous.
7. In view of the above, we are not inclined to go into the merits of the rival contentions raised by the parties. The parties are at liberty to work out their remedies in the pending suit, in accordance with law. The interim order shall not confer any vested or accrued rights on either party.
8. Accordingly, this intra-Court appeal is dismissed as infructuous. There shall be no order as to costs. Consequently, the connected miscellaneous petition, is closed. (P.V.,J.) (G.K.M.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms
P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms O.S.A.No.293 of 2021 and C.M.P.No.16056 of 2021 21-09-2026