w w w . L a w y e r S e r v i c e s . i n



Vasavi Clubs International Rep by its International Secretary & Others v/s Gella Krishna Veni


Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- H G E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U19115UP2011PTC045112

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- R T S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63022DL1997PTC089328

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- V. S. Y. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035521

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- KRISHNA INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1990PTC039091

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- A H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U55101RJ2021PTC073171

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- D I D INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U28112MH2014PTC258750

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- R I K INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC283801

Company & Directors' Information:- Y & H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63000DL2014PTC266649

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    Civil Miscellaneous Appeal No. 159 of 2021

    Decided On, 25 March 2021

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE CHALLA KODANDA RAM

    For the Appellants: K.S. Murthy, Advocate. For the Respondent: A. Venkatesh, Advocate.



Judgment Text

This appeal is filed against the order dated 24.02.2021 passed by the XXVI Additional Chief Judge, City Civil Court, at Hyderabad, in I.A.No.45 of 2021 in S.O.P.No.26 of 2020.

Heard the learned counsel for the appellants, and the learned counsel for the respondent.

The entire controversy in the present case revolves around the issue of whether an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 is maintainable when there is admittedly no arbitration clause incorporated in the bye-laws.

It may be noted that the OP was filed before the Court below seeking the following reliefs:

(a) To declare the actions of the respondents in extending the incumbent International Executive Council of the Association of the respondent No.1 society beyond the term of one fiscal year i.e., for the year 2021 purported to be resolved through an “Special Extraordinary International Executive Council Meeting” dated 29.11.2020, as illegal and arbitrary and null and void.

(b) To appoint an Advocate Commissioner to conduct the affairs of the respondent No.1 society until a new International Executive Council of the Association of the respondent No.1 is elected for the Fiscal year 2021 according to the Constitution and bye-laws of the respondent No.1.

(c) To direct the respondents to furnish the books of accounts as well as the balance sheets of the respondent No.1 society for the year 2020.

(d) To direct respondents to furnish the details of the member and their Zoom IDs who have attended the EGM dated 06.12.2020.

(e) To direct the respondents to furnish the minutes of the meetings in respect of the EGM dated 06.12.2020.

(f) To appoint an Advocate Commissioner for conducting the elections for the post of International President of the respondent No.1 Society for the fiscal year 2021 in a democratic and fair manner.

(g) To consequentially grant a relief of Perpetual Injunction in favour of the petitioner and against respondent No.2 from continuing as an International President of the Respondent No.1 society for the second time i.e., for the fiscal / annual year 2021.

(h) To grant such other relief or reliefs as this Hon’ ble Court may deem fit and proper in the circumstances of the case and such other order in the interest of justice.

The respondent who is the Member of one of the Associated Clubs sought certain clarifications and also addressed a letter dated 17.11.2020 to the Chairman, Legal, Disciplinary, Arbitration Committees, not being satisfied with the response received for her earlier letters. In the said letter, she had asserted that on earlier occasion, she had asked for arbitration and that she was not responded to. Thereafter, she had instituted the OP invoking Section 23 of the Societies Registration Act, 2001.

The respondents having received notices in the OP, and before filing their counter affidavit, have filed the I.A.No.45 of 2021 invoking Section 8 of the Arbitration and Conciliation Act, seeking a direction to the parties to invoke arbitration proceedings for resolution of the alleged disputes between the petitioner and the respondents, and the said I.A. came to be dismissed by the impugned order.

Learned counsel Sri K.S.Murthy appearing for the appellants, by making reference to Clause 6 of the bye-laws, would contend that the finding of the trial Court that there is no Arbitration Clause in the byelaws is erroneous inasmuch as the Clause 6 refers to Arbitration as it impliedly sets out the consequences of not following the procedure agreed to under Clause 6. It is the further contention of the learned counsel that inasmuch as the respondent initially having invoked the arbitration clause is aware of the procedure and conscious of the Societies Registration Act that it is convenient to refer the dispute for arbitration and only such disputes which are unresolved would be litigated before the Court. Learned counsel would further contend that under Section 23 of the Societies Registration Act, a Member of the Society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act or may approach the District Court concerned. It is also contended that while there is a choice for Members of the Society to seek resolution of disputes either through arbitration or by approaching the Court, in the present case on hand, the respondents having invoked the arbitration clause seeking to appoint an arbitrator by approaching the arbitration committee would be barred from approaching the Civil Court invoking Section 23 of the Societies Registration Act. Learned counsel would further contend that the arbitration clause has to be read into the terms of Section 23 of the Societies Registration Act for which he would place reliance on the judgment of the learned single Judge of this Court in Dr. Ganta Noble v. V. Paul Himamsu (2009 (6) ALD 711). Yet another contention of the learned counsel for the appellants is that the finding of the learned District Judge that election disputes are not arbitrable is not correct.

On the other hand, learned counsel A. Venkatesh, would resist the appeal and would contend that the jurisdiction in relation to arbitrations would arise only if there is an arbitration agreement between the parties. He would further contend that neither the byelaws nor by way of any correspondence, there is an agreement at any point of time with respect to the arbitration. Addressing a letter in ignorance seeking to refer the matter for arbitration before a nonexistent arbitration committee, does not debar the respondent from seeking justice from appropriate Court of law. He would further contend that Section 8 of the Arbitration and Conciliation Act has no application to the facts of the present case, and the reliefs claimed in the OP are in fact the reliefs which cannot be granted in the arbitration proceedings, and therefore the learned counsel for the respondent prays for dismissal of the appeal.

Having regard to the respective submissions, from the facts of the present case, one aspect is clear that there is no dispute that the bye-laws by themselves do not contain or contemplate any arbitration clause. The word ‘arbitration’ was only referred in Clause 6.

At the outset, so far as Section 23 of Societies Registration Act is concerned, as contended by the learned counsel for the appellant, provides for a choice to resolve their disputes either through arbitration or by approaching the Court. However, for invoking of arbitration proceedings, what is essential is existence of an arbitration agreement i.e., mandate under Section 7 of the Arbitration and Conciliation Act, 1996. In a given case, an arbitration clause may be provided by way of statute. The dispute resolution mechanism as provided under Section 23 of the Societies Registration Act which provides a choice for dispute resolution cannot be read into the byelaws of the Society or as forming part of bye-laws, as it only provides a choice of forum for dispute resolution i.e., either by arbitration or by approaching the Court concerned. Section 23 of the Societies Registration Act cannot be read as an Article or Clause of Society’s bye-laws. Section 23 would have to be read, in a given case, where there is a provision made in the bye-laws of Society for reference to arbitration, the same are required to be referred to arbitration; and in all other cases, recourse is required to be had to the provisions of Civil Court.

So far as the judgment of the learned single judge of this Court in Dr. Ganta Noble (1 supra) is concerned, in the said judgment, proceedings were initiated in the District Court where applications were made for appointment of arbitrator and, as a matter of fact, arbitrator was appointed and in such a factual situation an argument was advanced stating that there was no arbitration agreement in the said case.

A careful reading of paragraph 8 of the judgment in Dr. Ganta Noble (1 supra) would disclose that the learned single Judge had held that “existence of an arbitration agreement either independently or otherwise is an essential requirement for the purposes of entertaining the application under the Arbitration and Conciliation Act without an arbitration agreement the parties cannot seek intervention of the Chief Justice or his designate for constituting the Arbitral Tribunal for securing resolution of their disputes”. Therefore, it is clear that when there is no clause for referring the disputes to arbitration, the question of invoking Section 8 of Arbitration and Conciliation Act does not arise.

The judgment of the Supreme Court in Visa International Limited v. Continental Resources (USA) Limited (2009) 2 SCC 55), is distinguishable on facts and therefore not applicable to the present case on hand. A careful reading of the above judgment discloses that as a matter of fact there was a clause providing for arbitration in the event of failure to settle the disputes amicably. The same is evident from a reading of paragraph 12 of Visa International (2 supra).

Though it is the contention of the learned counsel for the appellants that arbitration clause is presumed to have existed in the light of Clause 6 of the bye-laws of the Society, such a contention is liable to be rejected in view of there being no other foundation wherein the parties have resolved to refer their disputes to arbitration. Further, a careful reading of Clause 6 discloses that what all it provides for is that in the event of any member of any affiliated club or any affiliated club goes to the court of Law without arbitrations with the Association, their Membership/Affiliation will be ceased by the Association.

In the present case, the grievance of the respondents is not that the respondents are being removed from affiliated club or affiliated club removing them from the membership of apex club i.e., the 1st appellant herein

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. Prima facie, the reliefs of the nature which the respondents claim in the OP are not the reliefs which would be granted through any other mechanism except providing for declaratory reliefs even assuming that such reliefs could be granted in the arbitration proceedings. So far as the reference to the judgment of the Delhi High Court in G.S.Mander v. Indian Olympic Association (1995 (32) DRJ), at the outset, it may be noted that in the said judgment, as a matter of fact, there was an arbitration clause and further the said judgment was arising under the proceedings of Arbitration Act, 1940. The judgment itself is of the year 1995. In those circumstances, the reliance on the said judgment is misconceived. In the circumstances of the present case, this Court does not find any merit in the appeal and, accordingly, the appeal is dismissed. No costs. In view of the request made by both the parties, there shall be a direction to the learned trial Judge to dispose the S.O.P. in accordance with law, as expeditiously as possible. Miscellaneous petitions, if any pending, shall also stand dismissed.
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