A.C. MUTHIAH vs BD. OF CONTROL FOR CRICKET IN INDIA. Supreme Court, 28-04-2011

CourtSupreme Court (India)
JudgeJ.M. PANCHAL,GYAN SUDHA MISRA, , ,
Parties A.C. MUTHIAHBD. OF CONTROL FOR CRICKET IN INDIA
Docket NumberC.A. No.-003753-003753 / 2011
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3753 OF 2011
(Arising out of SLP (C) No. 12181 of 2010)
A.C. Muthiah ... Appellant
Versus
Board of Control for Cricket in India
and another ...Respondents
WITH
CIVIL APPEAL NOs. 3754-3756 OF 2011
(Arising out of SLP (C) Nos. 12232-12234 of 2010)
J U D G M E N T
J.M. Panchal, J.
Leave is granted in each petition.
2. These appeals are directed against common
judgment dated March 24, 2010, rendered in OSA
2
Nos. 226 to 229 of 2009 by the Division Bench of
the High Court of Judicature at Madras, by which,
the order dated July 13, 2009 in OA No. 1042 of
2008, filed in Civil Suit No. 930 of 2008 with OA
Nos. 1299, 1300 and 5740 of 2008, filed in Civil
Suit No. 1167 of 2008, refusing to grant four reliefs
sought, namely, (1) to grant mandatory temporary
injunction directing the respondent No. 1 herein to
act under Clause 32(ii) of Memorandum and Rules
and Regulations (“Regulations” for short) of the
respondent No. 1 by appointing a Commissioner to
make preliminary inquiry against the respondent
No. 2 pending disposal of Civil Suit No. 930 of 2008,
(2) to suspend the amendment to Clause 6.2.4 in
the Regulations for players, team officials,
managers, umpires and administrators and Board
of Control for Cricket in India (for short “BCCI”)
Code 2008, which permits an administrator to have
directly or indirectly commercial interest in the
matches or events like Indian Premier League (“IPL”
3
for short) or Champions League Twenty 20, (3) to
grant temporary injunction restraining the
respondent No. 2 from functioning as Secretary of
BCCI and (4) to grant mandatory temporary
injunction directing BCCI not to permit the
respondent No. 2 to contest any of the posts of office
bearers in future for a reasonable number of years
as the Court thinks fit, is upheld.
3. In order to understand the controversy raised in the
instant cases it will be relevant to notice the
essential facts emerging from record of the case.
The BCCI was formed in the year 1928. Initially it
was functioning as an unregistered association of
persons. However, subsequently it was registered in the
year 1940, under the Societies Registration Act, 1860.
After the enactment of the Tamil Nadu Societies
Registration Act, 1975, which came into effect from April
22, 1978, it is registered under the said Act. Under
Section 6 of the Act of 1975, any society seeking to

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