The Hindu : Sport / Chess : Appeal dismissed

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Friday, May 06, 2005

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Appeal dismissed

Staff Reporter

CHENNAI: Two appeals from P.T. Ummer Koya and V.R. Bobba of the All India Chess Federation (AICF) challenging permission granted to file civil suit against Mr. Koya and Sowmen Majumdar within the jurisdiction of the Madras High Court were dismissed by a Division Bench on Thursday.

A Division Bench comprising Justice P. Sathasivam and Justice S.K. Krishnan, upholding the March 28 order of a single judge, said: "The AICF is a society registered under the Societies Registration Act 1860 at Madras on December 12, 1958. With the enactment of Tamil Nadu Societies Registration Act 1975, the AICF is now regulated by the provisions of the new Act, and it remains an active society under the control of the Act."

As regards the appellants' claim that such suit must be instituted only in a district where the headquarters of the Federation is situated, the Bench said, "once the society is registered at Madras in 1958, it is not clear why the same was registered once again in every place, particularly in Calicut in 1991.This aspect has not been properly explained."

Holding that there was no valid reason to revoke the leave granted earlier, the Judges further said that once the appellants "acquiesced" the jurisdiction of the Madras High Court by filing pleas opposing the interim orders of the court "it would not be open to him to contend that the leave granted is bad."

"The person aggrieved of the grant of leave has to approach the court at the earliest point of time and seek revocation without due participation in the other proceedings. In other words, an application for revocation of leave should be made at the early stage of the suit and delay and acquiescence is a bar to such an application."

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