Young Association Cricket Club(Cricket Division of Radhey Mohan Club) v. Young Association Cricket Club & Ors

ORDER %

17.07.2013

¶1Mr.V.P.Singh,learned senior counsel for the appellants has very Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. fairlystatedthatthe electionshave alreadybeen conductedin termsof the directions passed by this Court and the difference of votes betweenthe last candidateto the Sports WorkingCommitteeand the immediatecandidatefollowinghim is of 14 votes and, therefore,it was not required to open the votes cast by the Clubs which was permittedby thetrial court. A copy of the resultof the DDCA in this regardhas been duly signedby JusticeS.K.Mahajan(Retd.),Election Officer and has been handed over in Court. The same is taken on record.

¶2However, Mr.Singh, learned senior counsel has submitted that the observations which have been passed by the trial court in the impugnedorder should not have any impactwhile decidingthe case on merits or any other applicationwhich may be filed by any of the partiesto the suitduringthe pendencyof the same.

¶3This fact is not contestedeitherby Mr.Bakshi,learnedcounselfor the DDCA or bythe learnedcounselfor otherrespondents.

¶4I have carefully consideredthe submissionsand gone through the impugned order.

¶5Normallythe Courts while disposingof the applicationunder Order 39 Rules 1 and 2 CPC observe that the views expressed in the order while disposingof applicationunder Order 39 Rules 1 and 2 CPC are only tentativein nature and shall not be taken as a decisionon the merits of the case, however, curiously in the instant case, it seems that the learned Additional District Judge has inadvertently forgotten to make a mention in this regard. Therefore, it is made clear that the observationsor the views expressedby the Additional District Judge in the impugnedorder are only tentativeand shall not be taken as an expression of an opinion on the merits of the case nor shall the learned Judge be influenced by the observations so made while consideringany other interim applicationas and when the same is filed.

¶6With these observations,the present appeal is being treated as not pressed. V.K. SHALI, J JULY 17, 2013 RN IM 6

$-13 and 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAQ 272/2013 RANI BAGH CRICKETCLUB &ORS Appellants ThroughMr.V.P.Singh,Sr.Adv.with Mr.R.Kumar, Adv. versus YOUNGASSOCIATIONCRICKETCLUB (REGD.)&ORS Respondents Through Mr.Tanuj Khurana, Adv. for R-9 Mr.Gautam Dutta, Adv. for R-1,2,3 Mr.J.S.Bakshi and Mr.A.K.Bakshi, Advs. for DDCA (29) FAO 275/2013 YOUNGASSOCIATIONCRICKETCLUB (CRICKETDIVISION OF RADHEYMOHANCLUB) Appellant Through Mr.Suhail Dutt, Sr.Adv. with Mr.S.Goswami, Mr.Azhar Alam, Advs. versus YOUNGASSOCIATIONCRICKETCLUB &ORS Respondents ThroughMr.GautamDutta,Adv. for R-1,2,3 Mr.J.S.Bakshi and Mr.A.K.Bakshi, Advs. for DDCA CORAM: HON'BLE MR. JUSTICE V.K. SHALI