Chennai, Jul 7 (UNI) Madras High Court today handed back the reins of administration of the Tamil Nadu Basketball Association (TNBA) to its President Mr A N Dyaneswaran, confirming the earlier stay granted in favour of TNBA that some expelled members should not use its official name and logo.
In his order Justice V Ramasubramanian also upheld the removal of R Selvarajan from the post of Secretary and co-opting of another person, Mr Senthreswaran, in his place by the original TNBA.
The High Court also permitted the original TNBA headed by Mr Dyaneswaran to carry out necessary ammendments in this regard.
Mr Selvarajan filed a suit praying for a decree of permanent injuction restraining the expelled members, Sahulhammed and five others, from using the name of TNBA and its logo.
The Association also sought to restrain them from physical possession of the J J Indore Basket Ball Comples belonging to the Association.
The High Court granted an interim order of injunction on April 21 and ordered notice to expelled members.
The expelled members filed an application, seeking rejection of the petition filed by TNBA, on the ground that the suit had been filed by forging the signatures of Selvarajan.
They had also enclosed an affidavit purproted to have been sworn to by Selvarajan, disowning the signatures contained the TNBA's petition.
The TNBA had filed a counter affidavit seeking rejection of the application filed by Sahulhameed and others. Because the original suit was filed in purausance of a resolution passed in the meeting of the General Council of the Association on February two, to which Selvarajan was a party and the pleadings, 'vakalat' and affidavits were signed and verified by him.
In pursuance of the resolution passed by the TNBA General Council that he was a party to a joint meeting organised by the Executive Committee and the General Council on May seven, and thereafter, Selvarajan was pressurised by the expelled members to disown his signature.
In its order, the Judge said, the TNBA'S suit was not instituted by an individual. The Association was registered under the Tamil Nadu Societies Registrsation Act. The bye-laws enable the Association to sue and be sued in the name of the Secretary.
Therefore a registered society could not be non-suited under order VII, Rule 11, on the ground that its own Secretary had disowned his signatures in the pleadings, and such circumstances, the petition for rejection of TNBA's petition was dismissed.
UNI XR DS AKJ BD2116