In the High Court of Judicature at Bombay
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION \9 NOTICE OF MOTION(NO.S2J"OF 2018 IN WRIT PETITION NO. 1286 OF 2018 Mumbai Cricket Association. ... Applicant (Original Respondent No.1) In the matter between NadimMemon ... Petitioner VERSUS Mumbai Cricket Association &Ors ... Respondents. INDEX Date Exh.No. Particulars Page No. Proforma Notice of Motion 1-8 Affidavit in support of Notice of . 9-15 Motion ". , 6/4/2018. A. Copy of order. 16-2~ 2/5/2018 B. News paper report in Times ofIndia 23 2/5/2018 C. Copy of Minutes of Committee of 24 Administrators of Respondent No.1 ~ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2018 IN WRIT PETITION NO. 1286 OF 2018 Mumbai Cricket Association, a public ) Trust registered under the provisions of ) Bombay public trust Act, 1950 as also a ) Society registered under the provision of the ) Societies Registration Act, 1860 having its ) Office at Cricket Center, Wankhede Stadium, ) Churchgate Mumbai- 400020. ) .. '" Applicant (Original Respondent No.1) In the matter between:- Nadim Memon, an adult Indian Inhabitant ) Occupation ;- Business having his address at ) 22, Rustom Sidwa Marg, Fort, Mumbai - 400 001 ) ... Petitioner Vis 1) Mumbai Cricket Association, a public ) Trust registered under the provisions of ) Bombay public trust Act, 1950 as also a ) Society registered under the provision of the ) Societies Registration Act, 1860 having its ) Office at Cricket Center, Wankhede Stadium, ) Churchgate Mumbai- 400020. ) v 2) Wizcraft International Entertainment Pvt. Ltd. ) A company registered under the Companies Act, 1956 ) Having its registered office at Satyadev Plaza, ) 5th Floor, Fun Republic Lane, Off. New Link Road, ) Behind Bhagwati House, Andheri(West), ) Mumbai - 400 053 ) 3) India Infoline Ltd (IIFL) a company registered ) Under the companies Act, 1956 having its ) Registered office at IIFL House Sun Infotech Park, ) Road No. 16V, Plot No. B-23, Thane Industrial Area, ) Wagle Estate, Thane - 400604 ) And Corporate office at IIFL Center kamala City, ) Senapati Bapat Marg, Lower Parel (West), ) Mumbai 400013 ) 4) Probability Sports India Pvt. Ltd. ) A company registered under the Companies Act, 2013 ) Having its registered office at IIFL Center Kamala City,) Senapati Bapat Marg, Lower Parel (West), ) Mumbai 400 013 ) 5) Charity Commissioner, Maharashtra Mumbai, ) 3rd Floor, 83, Dr. Annie Besant Road, Worli, ) Mumbai - 400018 ) 6) Board of Control for Cricket in India ) A society registered under the Tamil Nadu Societies ) ~ Registration Act having its office at 4th Floor, ) Cricket Stadium Wankhede Stadium, Churchgate, ) Mumbai - 400 020 ) 7) Adv. Ashish Shelar, An adult Indian Inhabitant ) Occ. Advocate, the President of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, Churchgate, ) Mumbai - 400 020 ) 8) Vinod Deshpande, An adult Indian Inhabitant ) Occ. unknown, the Vice President of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, Churchgate, ) Mumbai - 400 020 ) 9) Pankaj Thakur, An adult Indian Inhabitant ) Occ. unknown, the Vice President of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede StadiUm, Churchgate, ) Mumbai - 400 020 ) 10) Nitin Dalal, An adult Indian Inhabitant ) Occ. unknown, the Treasurer of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, Churchgate, ) Mumbai - 400 020 ) 11) P. V. Shetty, An adult Indian Inhabitant ) Occ. unknown, the Jt. Secretary of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, Churchgate, ) Mumbai - 400 020 ) 12) Prof. Dr. Unmesh Khanvilkar, ) An adult Indian Inhabitant, Occ. unknown, ) the Jt. Secretary ofMumbai Cricket Association, ) having address at Cricket Stadium Wankhede Stadium,) Churchgate, Mumbai - 400 020 ) 13) Arman Malik, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 14) Mr. Navin Shetty, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 15) Arvind Kadam, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) ~) 16) Deepak PatH, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 17) Pravin Amre, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 18) Shrikant Tigdi; An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 19) Shahalam Shaikh, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 20) Ramesh Vajge, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) '--" Churchgate, Mumbai - 400 020 ) 21) Ganesh Iyer, An adult Indian Inhabitant, ) Occ. unknown, the Managing Committee member of ) Mumbai Cricket Association, having address at ) Cricket Stadium Wankhede Stadium, ) Churchgate, Mumbai - 400 020 ) 22) State ofMaharashtra ) Through the Government Pleader ) ... Respondents Let all parties concerned attend before Their Lordship the Hon'ble Justice Shri. S. S. Khemkar and Hon'ble Justice Shri. M. S. Karnik on the day of __ 2018 at 11:00 A. M. or soon thereafter for hearing an application on behalf of the Applicant in the above Petition. The above named Applicant prays:- (a) That the directions of this Hon'ble Court to hold a general Body meeting of the members of the Respondent No.1 Association on or before 15th May 2018 and to complete the entire process including the election to the New Managing Committee by 30tl1 June, 2018 in terms of amended para No.6 of the order dated 6tl1 April, 2018 passed in the above Petition be kept in abeyance till such time as this Hon'ble Court may deem fit and proper. (b) That this Hon'ble Court may direct that the above Petition to be placed on board for appropriate directions on a date after the Hon'ble Supreme Court of India finalises the constitution of Respondent No.6. (c) That pending the hearing and the final disposal of the above Notice of Motion this Hon'ble Court be pleased to keep in abeyance the directions of this Hon'ble Court to hold a general Body meeting of the Respondent No.1 association on or before ISth May 2018 and to complete the entire process including the election to the New Managing Committee by 30th June, 2018 in terms of amended para No.6 of the order dated 6th April, 2018 passed in the above Petition. (d) Interim and ad interim orders in terms of prayer clause (a) to (c) above. Advocate for the Applicant This Notice of Motion is taken out by Warerkar & Warerkar Advocate for the Applicant/Respondent No. I Off at:- 6th floor, Vulcan Insurance Building, Veer Nariman Road, Churchgate, Mumbai - 400 020 To, 1. Nadim Memon 2. Wizcraft International Entertainment Pvt. Ltd. 3. India Infoline Ltd. (IIFL) 4. Probability Sports India Pvt. Ltd. S. Charity Commissioner 6. Board of Control of Cricket in India 7. Adv. Ashish Shelar 8. Vinod Despande 9. Pankaj Thakur '-.:/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORlGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2018 IN WRIT PETITION NO. 1286 OF 2018 Mumbai Cricket Association. .. Applicant (Original Respondent No.1) In the matter between NadimMemon ... Petitioner VERSUS Mumbai Cricket Association &Ors ... Respondents. Affidavit in support ofthe Notice of Mofion I, Chandrakant S. Naik, Adult of Mumbai, Indian Inhabitant, the Chief executive Officer of the Respondent No.1 abovenamed having my office at Wankhede Stadium, "D" Road, Churchgate, Mumbai 400 020, do hereby solemnly'affirm and state as under:- .'" ," 1. I say that I am the Chief Executive officer of Mumbai Cricket Association being the Respondent No.1 abovenamed. I am conversant with the facts of the case and duly authorised by the Committee of administrators comprising of (1) Mr. Justice H. L. Gokhale, former Judge of the Hon'ble Supreme Court of India (Chairman) and Mr. Justice V.M. Kanade, former judge of the Bombay High court (member) appointed by this Hon'ble Court vide its order dated 6th April, 2018 passed in the above 1 --'--_.\\, \....../ petition to file this affidavit. I say that the brief facts relating to filing of this r " notice of Motion are as under: I. 2. I say that vide order dated 6th April, 2018 this Hon'ble Court was pleased to appoint a Committee of Administrators (Hereinafter referred to as "the Committee of Administrators") comprising of (1) Mr. Justice H. L. Gokhale, former Judge of the Hon'ble Supreme Court ofIndia (Chairman) and Mr. Justice V.M. Kanade, former judge of the Bombay High court (member) for the purpose of ensuring that the Mumbai Cricket Association implements all the directions