1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 130 OF 2010 IN NOTICE OF MOTION NO. 2314 OF 2009 IN B.C.C.C.S.C.SUIT NO. 2841 OF 2009 Agnel Charities & Ors. ... Appellants (Orig.Plaintiffs) Vs. Mumbai District Football Association & Ors. Respondents (Orig.Defendants) Mr.Clive D’Souza i/b. Mr. Shabbir Rasiwala,Advocates, for the appellants. Mr. Vijendra S. Jabra, Advocate, for the respondents Nos. 1 to 15. CORAM: J.H.BHATIA, J. DATE : 6th April, 2010. P.C. 1. The present appeal is filed by the appellants/original plaintiffs. Plaintiff No.2, being a Sports Club, is a member of the defendant no.1 – Mumbai District Football Association. Plaintiff No.6 was appointed by the plaintiff No.2 as its representative on the Executive Council of the defendant No.1. Later on, the plaintiff no.6 was elected as a President of the defendant no.1 by the Executive Council. The Executive Council suspended him from the post of President on 3.11.2009 and on 4.11.2009, issued a show cause notice as to why he should not 2 be removed. Later on, the Executive Council by majority decided to remove him and issued a notice dated 23.11.2009 indicating that in the meeting dated 20.11.2009, the Executive Council by majority had resolved to expel him from the Executive Council for life and not to permit him to be associated with any member football club/team of the defendant No.1 Association or to represent any member club/team of the defendant No.1 Association. Against that expulsion, a suit was filed and the plaintiffs also took out a Notice of Motion No.2314 of 2009 seeking temporary injunction. The trial Court refused to grant ad-interim relief, while the Notice of Motion is still pending. 2. After some discussion at the Bar and after perusal of the Rules of the defendant No.1 and particularly Rules 11,12 and 17, the learned Counsel for the respondent No.1, on instructions from its Secretary, who is present in the Court, makes a statement that the respondent no.1 in its Executive Council meeting shall recall the said resolution dated 20.11.2009 as far as it seeks to expel the plaintiff No.6 from the position of representative of the plaintiff No.2 on the Executive Council of the defendant No.1. He also makes statement that second part of the resolution which does not permit him to be associated with any member of the football club/team of the Association or to represent any member club or team of the Association, shall not be binding on the member clubs, but it will be treated 3 only as an advice. 3. The above statement is accepted. In view of Rule 12 of the Defendant No.1, the office-bearers including the President are elected by the Executive Council. Therefore Executive Council has also power to remove any of its members from such office. Therefore, the learned Council for the plaintiffs/appellants does not press the challenge to removal of the plaintiff No.6 from the post of President. 4. In view of the above, nothing remains in the dispute and particularly this Appeal. The Appeal stands disposed of accordingly. It is made clear that in view of the above statement made on behalf of defendant no.1, the plaintiff/appellant no.6 shall be entitled to participate in the meetings of the Executive Council like any other member of the Executive Council for remaining period of his tenure. (J.H.BHATIA,J.)