- (1.) Leave is granted in each petition.
(2.) These appeals are directed against common judgment dated March 24, 2010, rendered in OSA Nos. 226 to 229 of 2009 by the Division Bench of the High Court of Judicature at Madras, by which, the order dated July 13, 2009 in OA No. 1042 of 2008, filed in Civil Suit No. 930 of 2008 with OA Nos. 1299, 1300 and 5740 of 2008, filed in Civil Suit No. 1167 of 2008, refusing to grant four reliefs sought, namely, (1) to grant mandatory temporary injunction directing the respondent No. 1 herein to act under Clause 32(ii) of Memorandum and Rules and Regulations ("Regulations" for short) of the respondent No. 1 by appointing a Commissioner to make preliminary inquiry against the respondent No. 2 pending disposal of Civil Suit No. 930 of 2008, (2) to suspend the amendment to Clause 6.2.4 in the Regulations for players, team officials, managers, umpires and administrators and Board of Control for Cricket in India (for short "BCCI") Code 2008, which permits an administrator to have directly or indirectly commercial interest in the matches or events like Indian Premier League ("IPL" for short) or Champions League Twenty 20, (3) to grant temporary injunction restraining the respondent No. 2 from functioning as Secretary of BCCI and (4) to grant mandatory temporary injunction directing BCCI not to permit the respondent No. 2 to contest any of the posts of office bearers in future for a reasonable number of years as the Court thinks fit, is upheld. er to understand the controversy raised in the instant cases it will be relevant to notice the essential facts emerging from record of the case. The BCCI was formed in the year 1928. Initially it was functioning as an unregistered association of persons. However, subsequently it was registered in the year 1940, under the Societies Registration Act, 1860. After the enactment of the Tamil Nadu Societies Registration Act, 1975, which came into effect from April 22, 1978, it is registered under the said Act. Under Section 6 of the Act of 1975, any society seeking to register itself has to submit its Memorandum of Association and regulations/bye-laws/rules. In respect of BCCI, the Memorandum of Associations and the Regulations/Rules, as required by the said Act, have been submitted. The record of the case shows that registration of BCCI as a Society is governed by those two documents. The object of BCCI is to control the game of cricket in India and give its decision on all matters which may be referred to it. Another object is to encourage the formation of State, regional or other cricket associations in the country. The other objects have been enumerated in detail in the Memorandum of Association, but the Court is of the opinion that it is not necessary to make a detailed reference to the same.
(3.) The respondent No. 1, i.e., the BCCI sent an invitation to India Cements Limited based at Chennai and represented by its Managing Director Mr. N. Srinivasan, who is respondent No. 2 herein, on December 29, 2007, to participate in the auction conducted by IPL. It may be mentioned that at that time the respondent No. 2 was also the Honorary Treasurer of BCCI and the President of Tamil Nadu Cricket Association. The respondent No. 2, on behalf of India Cements Limited, participated in the auction and was awarded the franchised IPL rights for ownership of Chennai Super Kings team by the BCCI.;