IN THE COURT OF SH. XXXXXXXX, LD. A.D.J, SOUTH WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI

C.M. NO. ____ OF XXXX

IN

CS/ADJ/XXX/XXXX

                        IN THE MATTER OF:

                        XXXXXXXXXX                                                             …PLAINTIFF

VERSUS

                        XXXXXXXXXX                                                            … DEFENDANT

INDEX

        Plaintiff 

New Delhi                                                               Through

Date:                                                                                                                                 XXXXXXXXXX

                                                                                                ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXX.

Mob.No.- XXXXXXXXXX

Email: XXXXXXXX@XXXXX.XXX

IN THE COURT OF SH. XXXXXXXX, LD. A.D.J, SOUTH WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI

C.M. NO. ____ OF 2022

IN

CS/ADJ/208/2022

                                          IN THE MATTER OF:

                                          XXXXXXXXXX                                                          …PLAINTIFF

VERSUS

                                          XXXXXXXXXX                                                      … DEFENDANT

APPLICATION UNDER ORDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE SEEKING DISPOSAL OF THE APPLICATION OF THE PLAINTIFF UNDER ORDER XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 FILED BY THE PLAINTIFF ALONG WITH THE SUIT.

1.1.  That the Plaintiff/Applicant i.e. XXXXXXXX has filed the accompanying suit before this Hon’ble Court seeking reliefs in the nature of declaration and permanent injunction. The contents of the said suit are not being repeated herein for the sake of brevity and the same may kindly be read as part and parcel of the present application.

2.2.  That along with the said suit, the Applicant had also filed an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure Code, 1908 praying for the following reliefs:

“a.   Pass an ex-parte ad-interim order granting an interim injunction against the Defendants, their agents, employees, associates, etc. or any other person claiming through the Defendants from interfering with the administration of the Plaintiff; and/or

b.    Pass an ex-parte ad-interim order granting an interim injunction against the Defendants, their agents, employees, associates, etc. or any other person claiming through the Defendants from using the Letter Head of the Plaintiff and writing any communications or representations portraying to be office bearers or members of the Plaintiff; and/or

c.     Pass an ex-parte ad-interim order and stay the operation and effect of the resolutions passed in the purported illegal meetings of the Executive Council and General Body of the Plaintiff held on  and/or.

d.    Pass an ex-parte ad-interim order and stay the operation and effect of the letters dated, in their purported capacity of Working President and Officiating Secretary of the Plaintiff; and/or

e.    Pass an ex-parte ad-interim order and stay the operation and effect of the letter/order dated ,

f.     Pass an ex-parte ad-interim order and stay the operation and effect of the minutes of the illegal meeting of the Plaintiff which was got conducted by the Defendants on and/or,

g.    Pass an ex-parte ad-interim order restraining the Defendants from using the name, logo or mark of the Plaintiff in any form whatsoever.

h.    Pass or grant any such ex-parte ad-interim reliefs which this Hon’ble Court may deem fit in the facts and circumstances of this case.”

3.3.   As pointed out in the suit and the said application, it is of paramount importance that urgent ex-parte ad-interim reliefs may be granted by this Hon’ble Court otherwise irreparable loss will be caused to the Plaintiff. Further, as pointed out in the accompanying suit, the Plaintiff has made out a more than prima facie case against the Defendants. It is also submitted that the balance of convenience also lies in favour of the Plaintiff.

4.4.   It is pertinent to draw the attention of this Hon’ble Court to the fact that the present suit has been listed by this Hon’ble Court on 8 occasions. However, despite being filed on XX.XX.XXXX, the same was heard for the first time only on XX.XX.XXXX on which date this Hon’ble Court was pleased to issue notice. Between the said dates, the present suit was listed on 6 other occasions, however the same was not heard due to reasons beyond the control of the Plaintiff.

5.5.   Thereafter, when the present suit was listed on XX.XX.XXXX, the Defendants informed this Hon’ble Court that they had filed applications under Section 8 of the Arbitration and Conciliation Act, 1996. The Plaintiff has filed its reply to the said applications and has stated that there exists no valid arbitration agreement between the Plaintiff and the Defendants and hence the said applications are liable to be dismissed.

6.6.   It is submitted that the suit was yet again listed on XX.XX.XXXX and the same was adjourned to XX.XX.XXXX due to non-availability of the Ld. PO. It is humbly submitted that due to the delay in the hearing of the application of the Plaintiff under Order XXXIX Rule 1 and 2 of the CPC, the Defendants are continuing to indulge in illegal activities by using the name, logo and letterheads of the XXXXXXXX. They are continuing to hold fake and bogus tournaments using the name of XXXXXXXX thereby cheating and pocketing entry fees from young players across the country. They are conducting illegal events by purporting to be office bearers of XXXXXXXX.

7.7.   It is submitted that all the governing bodies of the XXXXXXXX, Therefore, there is no iota of doubt that the said persons are the actual office bearers of the XXXXXXXX and the Defendants are mere imposters who continue to cheat the young athletes of Yogasana only to unjustly enrich themselves. A copy of the several illegal actions, events etc. of the Defendants using the name and logo of the XXXXXXXX subsequent to the filing of the present suit are annexed hereto and marked as ANNEXURE A-1 (Colly.).

8.8.   It is humbly prayed that if this Hon’ble Court does not grant the interim reliefs sought by the Plaintiff, not only will massively prejudice and harm be caused to the XXXXXXXX and its integrity and credibility, but also to the public at large as the Defendants will continue to keep pocketing money from the young and innocent athletes by portraying to be office bearers of the XXXXXXXX. Thus, the XXXXXXXX is moving the present application humbly praying to this Hon’ble Court to allow the application under Order XXXIX Rule 1 and 2 of the CPC filed by the XXXXXXXX thereby granting the interim reliefs sought therein against the Defendants.

9.9.   That the present application is made bona fide and in the interest of justice.

PRAYER

It is therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

a.a.   Hear and decide the application under Order XXXIX Rule 1 and 2 of the CPC filed by the Plaintiff along with CS DJ ADJ/XXX/XXXX thereby passing orders granting the interim reliefs sought by the XXXXXXXX i.e. the Applicant therein, against the Defendants; and/or

b.b.   Pass or grant any such ex-parte ad-interim reliefs which this Hon’ble Court may deem fit in the facts and circumstances of this case. 

                    Plaintiff

New Delhi                                                                                                              Through

Date:                                                                    XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXX.

Mob.No.- XXXXXXXXXX

Email: XXXXXXXX@XXXXX.XXX

IN THE COURT OF SH. XXXXXXXX, LD. A.D.J, SOUTH WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI

C.M. NO. ____ OF 2022

IN

CS/ADJ/208/2022

                                    IN THE MATTER OF:

                                    XXXXXXXXXX                                                          …PLAINTIFF

VERSUS

                                    XXXXXXXXXX                                                       … DEFENDANT

AFFIDAVIT

I, XXXXXXXXXX, XXXXXXXX, the authorised representative of the Plaintff having its registered office at XXXXXXXX,XXXXXX, do hereby solemnly declare and affirm as under:

1.1.   That I am the authorised representative of the Plaintiff in the above captioned matter and I am well conversant with the facts of the case and hence I am competent to swear the present Affidavit.

2.2.   The accompanying Application has been drafted by my Counsel upon my instructions and I have read the contents of the Application and understood the same which is true and correct to the best of my knowledge and records available. Nothing material has been concealed therefrom.

3.3.   That the annexures to Application are true/typed copies of the original and I have perused the same.

DEPONENT

VERIFICATION:

Verified at ____________ on this _____ day of XXXXXX,XXXX that the contents of the above affidavit are true and correct to my knowledge and belief. No part of the same is false and nothing material has been concealed.

DEPONENT