:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 3103 OF 2007 IN WRIT PETITION NO. 5788 OF 2005 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Shriram J.Redij for the petitioners. N.R.Bubna for Respondent nos.1 to 4. CORAM: S.C.DHARMADHIKARI, J. DATED: 16TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. This Civil Application is filed in a Writ petition which is pending. The petitioners have prayed that pending the hearing and final disposal of the Writ Petition, Respondents be restrained from disturbing or obstructing the Applicant from working as General Secretary and discharging his duties as such. :2: :2: :2: 2. The Civil Application proceeds on the basis that the order dated 12.8.2005 impugned in the Writ Petition is liable to be quashed and set aside. The Trial Court has held that it will have no jurisdiction as permission under Section 50 and 51 of the Act, were not obtained prior to the filing of the suit. The suit of the petitioner-original applicant is dismissed on this ground and the Status-quo order was vacated. 3. The argument is that this court has admitted the Writ petition and the matter is thus pending. Additionally, it is contended that there are some tournaments which are likely to commence from tomorrow. In such circumstances, this court should pass appropriate interim reliefs. 4. Both sides were told to take instructions and arrive at some workable arrangement. The dispute is between the persons claiming to be the office bearers of Maharashtra State Weight :3: :3: :3: Lifting Association (MSWA). True to its name, the persons concerned with its Management are also flexing their muscles. In such circumstances, no workable arrangement appears to be possible. Indian Weight Lifting Federation is the Apex Body. It is agreed that, insofar as, the Tournament is concerned, this Federation should take all responsibilities of conducting and managing the same and those who are incharge at the State level would only assist the Federation. In other words, until fresh elections are held, the arrangements for conducting the Tournament, which is commencing tomorrow, would be made by the Indian Weight Lifting Federation. It would conduct the said Tournament after nominating such persons at the State level as the Federation deems fit and proper for assisting the Federation. 5. It is further agreed that, the Assistant Charity Commissioner shall commence the process of holding the Elections as expeditiously as :4: :4: :4: possible and from 30.3.2008. The term of the existing Committee is coming to an end on 30.6.2008 and it would be better if the elections are held prior thereto. Similarly, those presently in-charge of the Federation shall only manage the day to day affairs and not take any major policy decisions with regard to the functioning of the Association. This arrangement would continue for the purpose of the present Tournament and until Elections are held. Civil Application disposed off. ********