FAO/580/2018 of DELHI & DISTRICT CRICKET ASSOCIATION Vs VINOD TIHARA & ORS on 29 December 2018

1. The appellant has filed the present appeal impugning an order dated27.12.2018 passed by the Additional Sessions Judge, Tis Hazari Courtsdirecting the appellant to maintain the status quo in respect of the showcause notice dated 20.12.2018 and 21.12.2018 as well as the SpecialMeeting of Board of Directors proposed to be held on 29.12.2018.

2. It is seen from the order that this is an ad interim order and theapplication under Order XXXIX Rule 1 and 2 CPC has now been placed forhearing before the Court on 04.01.2019.

3. The appellant had issued a show cause notice and had convened ameeting in order to take a disciplinary action against the respondent no.1 andtoconsiderremovinghimfromthemembershipoftheappellantAssociation.

4. It is apparent from the above that there is no grave urgency for theappellant to have moved to this Court during vacations. This Court isrefraining from making any observations on the merits of the matter since,the trial Court has already listed the interim application on 04.01.2019.Plainly, no irreparable loss or irretrievable damage would be caused to theappellant by the impugned order.

5. The appellant may hold the meeting as scheduled. However, nobusiness will be transacted in the said meeting and the same would beadjourned for any date after 04.01.2019. It is clarified that the appellantwould not be required to issue a fresh show cause notice or a fresh notice forthe meeting as re-scheduled.

6. It is expected that learned Trial Court shall consider the rival and ifthe Court is of the view that the ad interim order is to be extended, the TrialCourt shall briefly indicate the reasons for the same.

7. The appeal is disposed of with the aforesaid observations leaving itopen for the appellant to urge all contentions before the Trial Court on04.01.2019.

8. All pending applications are also disposed of.

9. Order dasti under signature of Court Master.

DECEMBER 29, 2018RK

VIBHU BAKHRU, J