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Former All India Chess Federation Secretary and the restrained FIDE Vice President Mr P.T.Ummer Koya suffered a major blow in the Madras High Court when the Division Bench dismissed his Appeal in two cases heard simultaneously for a historic judgment on May 5, 2005.
The Division Bench comprising Mr Justice P.Sathasivam and Mr Justice S.K.Krishnan upheld the single judge order after hearing several senior counsels argue over the several weeks in a high profile sports case. Highlights from the judgment:
"The only point for consideration in both these appeals is, whether the Original Side of this Court has got Jurisdiction in respect of the reliefs prayed for in both the suits; and whether the learned Judge is right in holding that the suits laid before the Original Side of this Court are maintainable and right in dismissing the applications filed for revocation of leave."
"As rightly pointed out by the learned Judge, once the Society is registered at Madras in 1958, it is not clear why the same was registered once again in every place, particularly at Calicut in 1991. This aspect has not been properly either explained or agitated either before the learned Single Judge or before us. It was argued that as per the amendment carried out in the bye-law of the Society, the suit against the All India Chess Federation is to be instituted in a District where the headquarters of the Federation is situated. Here again, as rightly pointed out, the suit is filed not against the AICF, but against the defendants by name and their office."
"The person aggrieved of the grant of leave has to approach the Court at the earliest point of time and seek for revocation without due participation in the order of the proceedings. In other words, an application for revocation of leave should be made at the early stage of the suit and delay and acquiescence is a bar to such an application. The appellants herein not only filed affidavit questioning the grant of injunction but also prayed for vacation of the same and thereafter filed the separate application for revocation of leave."
Here are links to the three major newspapers which reported the event:
Appeal Dismissed - The Hindu
http://www.hindu.com/2005/05/06/stories/2005050603761900.htm
HC upholds single judge order - The Times of India
http://timesofindia.indiatimes.com/articleshow/1100267.cms
Bench upholds single judge order in chess case - Indian Express
http://www.newindpress.com/NewsItems.asp?ID=IES20050505093758&
Page=S&Title=Sports&Topic=0&aDate=5%2F6%2F2005
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