IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20851 of 2008(G) -------------------------- OS.1/2008 of DISTRICT COURT, THODUPUZHA .................... PETITIONER: ------------ IDUKKI DISTRICT CRICKET ASSOCIATION, THODUPUZHA, REPRESENTED BY ITS HONORARY SECRETARY B.VINOD, S/O.BALAKRISHNAN NAIR, MADATHIPARAMBIL, RIVER VIEW ROAD, THODUPUZHA P.O., IDUKKI DISTRICT. BY ADV. SRI.G.SHRIKUMAR SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. ATHULYA CRICKET CLUB, NEDIYASALA, REP. BY ITS SECRETARY, BIJU V.R., SON OF RAJAPPAN NAIR, VALIYAVEETTIL HOUSE, KOLANI P.O., THODUPUZHA. 2. DEVDHAR CRICKET CLUB, VADAKKUMURI REP. BY ITS SECRETARY, P.A. VINOD, S/O.AYYAPPAN PILLAI, PUTHUKOLIL HOUSE, MUTHALAKODAM P.O., THODUPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.20851 of 2008 ------------------------------- Dated this the 10th July, 2008. J U D G M E N T Petitioner is the first respondent and respondents the plaintiffs in O.S.No.1 of 2008, on the file of District Court, Thodupuzha. This petition is filed under Article 227 of the Constitution of India for a direction to the District Court to dispose I.A.No.432 of 2008, an application filed by the petitioner under sub-section 1 of Section 8 of Arbitration and Conciliation Act, 1996. 2. The learned counsel appearing for the petitioner was heard. 3. The case of the petitioner is that in the Memorandum of Association of the petitioner, Idukki District Cricket Association, clause 41 provides that all disputes between member clubs and between member clubs and District Association, registered players etc. shall be resolved by resorting to Arbitration as provided under Indian Arbitration and Conciliation Act, 1996, through an Arbitrator appointed by the Executive Committee of the District W.P.(C) No.20851 of 2008 2 Association, and, therefore, the suit is to be referred to Arbitration and Ext.P1 petition (I.A.No.432/2008) was filed under Section 8 of the Act and it is pending and before passing an order in that application, learned District Judge may not pass orders in the application for injunction filed by the respondents. 4. When the petitioner has filed an application under Section 8(1) of the Arbitration and Conciliation Act, 1996, contending that there is an arbitration clause and the dispute is to be referred to the arbitration, as provided under the Arbitration and Conciliation Act, 1996, learned District Judge has to pass necessary orders, in accordance with law, in I.A.No.432 of 2008, before passing orders in the application for injunction. Writ petition is disposed directing District Judge to consider and pass appropriate order in accordance with law, in Ext.P1 petition before passing any order in the application for injunction or other applications. M.SASIDHARAN NAMBIAR, JUDGE nj.