Application under Section 151 CPC seeking early disposal of Order 39 Rules 1-2 injunction application with affidavit

IN THE COURT OF SH. Judge's name, LD. A.D.J., SOUTH WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI

C.M. NO. CM application number OF CM application year

IN

CS/ADJ/Suit number/Suit year

IN THE MATTER OF:

VERSUS

INDEX

Plaintiff

ADVOCATE

Address: Advocate's address

Advocate's address line 2

Advocate's address line 3

Mob. No.: Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Judge's name, LD. A.D.J., SOUTH WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI

C.M. NO. CM application number OF CM application year

IN

Suit number and year

IN THE MATTER OF:

VERSUS

APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING EARLY DISPOSAL OF THE APPLICATION FILED BY THE PLAINTIFF UNDER ORDER Order number RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 ALONG WITH THE SUIT, TOGETHER WITH AFFIDAVIT

1.1. That the Plaintiff/Applicant, i.e. Plaintiff's name, has filed the accompanying suit before this Hon'ble Court seeking reliefs in the nature of declaration and permanent injunction. The contents of the said suit are not being repeated herein for the sake of brevity, and the same may kindly be read as part and parcel of the present application.

2.2. That along with the said suit, the Applicant also filed an application under Order Order number Rules 1 and 2 of the Code of Civil Procedure, 1908, praying for the following reliefs:

"a. Pass an ex-parte ad-interim order granting an interim injunction against the Defendants, their agents, employees, associates, etc. or any other person claiming through the Defendants, from interfering with the administration of the Plaintiff; and/or

b. Pass an ex-parte ad-interim order granting an interim injunction against the Defendants, their agents, employees, associates, etc. or any other person claiming through the Defendants, from using the letterhead of the Plaintiff and from writing any communications or representations portraying themselves to be office bearers or members of the Plaintiff; and/or

c. Pass an ex-parte ad-interim order and stay the operation and effect of the resolutions passed in the purported illegal meetings of the Executive Council and General Body of the Plaintiff held on Date of the purported illegal meetings of the Executive Council and General Body; and/or

d. Pass an ex-parte ad-interim order and stay the operation and effect of the letters dated Date of letters issued in purported capacity of Working President and Officiating Secretary, issued in their purported capacity as Working President and Officiating Secretary of the Plaintiff; and/or

e. Pass an ex-parte ad-interim order and stay the operation and effect of the letter/order dated Date of the letter/order referred to in relief (e),

f. Pass an ex-parte ad-interim order and stay the operation and effect of the minutes of the illegal meeting of the Plaintiff which was got conducted by the Defendants on Date of the illegal meeting got conducted by the Defendants; and/or,

g. Pass an ex-parte ad-interim order restraining the Defendants from using the name, logo or mark of the Plaintiff in any form whatsoever.

h. Pass or grant any such ex-parte ad-interim reliefs as this Hon'ble Court may deem fit in the facts and circumstances of this case."

3.3. As pointed out in the suit and the said application, it is of paramount importance that urgent ex-parte ad-interim reliefs be granted by this Hon'ble Court, failing which irreparable loss will be caused to the Plaintiff. Further, as set out in the accompanying suit, the Plaintiff has made out a more than prima facie case against the Defendants. It is also submitted that the balance of convenience lies in favour of the Plaintiff.

4.4. It is pertinent to draw the attention of this Hon'ble Court to the fact that the present suit has been listed before this Hon'ble Court on eight occasions. However, despite being filed on Date of filing of suit (day).Date of filing of suit (month).Date of filing of suit (year), the same was heard for the first time only on Date of first hearing (day).Date of first hearing (month).Date of first hearing (year), on which date this Hon'ble Court was pleased to issue notice. Between the said dates, the suit was listed on six other occasions, but could not be heard for reasons beyond the control of the Plaintiff.

5.5. Thereafter, when the present suit was listed on Date of hearing (day).Date of hearing (month).Date of hearing (year), the Defendants informed this Hon'ble Court that they had filed applications under Section 8 of the Arbitration and Conciliation Act, 1996. The Plaintiff has filed its reply to the said applications and has stated that no valid arbitration agreement exists between the Plaintiff and the Defendants, and that the said applications are therefore liable to be dismissed.

6.6. It is submitted that the suit was yet again listed on Date of listing (day).Date of listing (month).Date of listing (year) and was adjourned to Date of adjournment (day).Date of adjournment (month).Date of adjournment (year) owing to the non-availability of the Ld. PO. It is humbly submitted that, owing to the delay in the hearing of the Plaintiff's application under Order Order number Rules 1 and 2 of the CPC, the Defendants continue to indulge in illegal activities by using the name, logo and letterheads of the Plaintiff organisation's name. They continue to hold fake and bogus tournaments using the name of the Plaintiff organisation's name, thereby cheating young players across the country and pocketing their entry fees. They are also conducting illegal events while purporting to be office bearers of the Plaintiff organisation's name.

7.7. It is submitted that the office bearers of all the governing bodies of the Plaintiff organisation's name are duly recognised. Therefore, there is no iota of doubt that the said persons are the actual office bearers of the Plaintiff organisation's name, and the Defendants are mere imposters who continue to cheat young athletes of Yogasana only to unjustly enrich themselves. A copy of the several illegal actions, events, etc. of the Defendants using the name and logo of the Plaintiff organisation's name subsequent to the filing of the present suit is annexed hereto and marked as ANNEXURE A-1 (Colly.).

8.8. It is humbly prayed that if this Hon'ble Court does not grant the interim reliefs sought by the Plaintiff, massive prejudice and harm will be caused not only to the Plaintiff organisation's name and its integrity and credibility, but also to the public at large, as the Defendants will continue to pocket money from young and innocent athletes by portraying themselves to be office bearers of the Plaintiff organisation's name. The Plaintiff organisation's name therefore moves the present application, humbly praying that this Hon'ble Court may be pleased to allow the application under Order Order number Rules 1 and 2 of the CPC filed by the Plaintiff organisation's name, thereby granting the interim reliefs sought therein against the Defendants.

9.9. That the present application is made bona fide and in the interest of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

a.a. Hear and decide the application under Order Order number Rules 1 and 2 of the CPC filed by the Plaintiff along with CS DJ ADJ/Suit number/Suit year, thereby passing orders granting the interim reliefs sought by the Plaintiff organisation's name, i.e. the Applicant therein, against the Defendants; and/or

b.b. Pass or grant any such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of this case.

New Delhi

Date: Date of signing

ADVOCATE

Address: Advocate's address

Advocate's address line 2

Advocate's address line 3.

Mobile No.: Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Judge's name, Ld. A.D.J., SOUTH WEST DISTRICT, DWARKA DISTRICT COURTS, NEW DELHI

C.M. NO. CM application number OF 2022

IN

Suit number and year

IN THE MATTER OF:

VERSUS

AFFIDAVIT

I, Deponent's name, Deponent's description, the authorised representative of the Plaintiff having its registered office at Plaintiff's registered office address line 1, Plaintiff's registered office address line 1, do hereby solemnly declare and affirm as under:

1.1. That I am the authorised representative of the Plaintiff in the above-captioned matter; I am well conversant with the facts of the case, and I am therefore competent to swear this Affidavit.

2.2. That the accompanying Application has been drafted by my Counsel on my instructions. I have read and understood the contents of the Application, which are true and correct to the best of my knowledge and belief and as per the records available. Nothing material has been concealed therefrom.

3.3. That the annexures to the Application are true copies of their originals, or typed copies thereof, and I have perused the same.

DEPONENT

VERIFICATION:

Verified at Place of verification on this Date of verification (day) day of Date of verification (month), Date of verification (year), that the contents of the above Affidavit are true and correct to my knowledge and belief, that no part of the same is false, and that nothing material has been concealed therefrom.

DEPONENT