At, Supreme Court of India
By, THE HONOURABLE MR. JUSTICE M.R. SHAH & THE HONOURABLE MR. JUSTICE ANIRUDDHA BOSE
1. Leave granted.
2. This appeal is filed against the impugned interim order dated 02.06.2022 passed by the High Court of Delhi in LPA No.362 of 2022 and Civil Miscellaneous Application No.25664 of 2022 by which the Division Bench of the High Court has restrained the appellant from continuing as Secretary of All India Chess Federation. The original respondent No.3 before the High Court has preferred the present appeal.
3. One of the grievances, which is voiced in the present appeal is that, without giving any sufficient opportunity either to the appellant or to the Union Government, the Division Bench has passed the impugned order in haste. It is also submitted that the main writ petition before the learned Single Judge which, according to the appellant, is not maintainable, is pending and yet to be considered by the learned Single Judge. It is further submitted that as such the learned Single Judge rejected the prayer for interim relief at that stage awaiting the further affidavit to be filed on behalf of the Union of India and the question in respect of interim injunction was yet to be considered by the learned single Judge.
4. On the other hand, learned counsel appearing for the contesting respondent-original appellant has submitted that in the facts of the present case and on interpretation of relevant provisions of the Federation and the manner in which the election was conducted and the appellant was elected as the Secretary of the Federation, the Division Bench of the High Court has not committed any error in granting the injunction and passing the impugned order.
5. Having heard the learned counsel appearing for the respective parties, we dispose of the present appeal in terms of the following order:
(1) Let the Union of India and the appellant file a detailed affidavit before the Division Bench of the High Court in LPA No.362 of 2022 within a period of four weeks from today.
(2) Thereafter, the Division Bench of the High Court shall pass a fresh order including the grant of any interim order after giving an opportunity to all the concerned within a period of four weeks thereafter.
(3) As it is reported that the Nation is holding a prestigious Chess Olympiad in the Country from 28.07.2022 to 10.08.2022 and to see the same be not affected further in any manner, we direct the appellant to be continued as a Secretary of the Federation till 15.08.2022 by way of interim arrangement only. However, the same shall be without prejudice to the rights and contentions of the respective parties in the pending appeal and pending writ petition before t
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he High Court, and subject to further orders that may be passed by the Division Bench in the pending LPA No.362 of 2022 within the time stipulated hereinabove and/or the order that may be passed by the learned Single Judge. 6. With these observations, the present appeal is disposed of.