Anda di halaman 1dari 31

IN THE COURT OF DISTRICT & SESSION JUDGE,

TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

INDEX

S.NO. PARTICULARS PAGES C.F.

1. Memo of Parties

2. List of Dates & Events

3. Application U/s 34 of
Arbitration & Conciliation
Act, 1996 along with
affidavits.

4. ANNEXURE-A
Copy of the suspension order
dated 11.04.2008

5. ANNEXURE-B (colly).
Copy of the complaints

6. ANNEXURE-C
Copy of the Impugned Award
dated 15.04.2008

7. ANNEXURE-D
Copy of the Memorandum &
Rules & Regulations of
National Council of YMCAs
of India
8. ANNEXURE-E
Copy of the Personnel Policy
of National Council of YMCAs
of India

9. ANNEXURE-F (colly)
Copy of the letter dated
21.11.2007 with the copies
of the previous award

10. Vakalatnama

APPLICANTS/APPELLANTS
New Delhi
Through
Dated:

ANIL KHOKKAR & O.N. SHARMA


Advocates
Chamber No.17,
Patiala House Courts,
New Delhi-110001
IN THE COURT OF DISTRICT & SESSION JUDGE,
TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

LIST OF DATES & EVENTS

11.04.2008 Mr. T. Thomas National General

Secretary was placed under

suspension with immediate effect

pending enquiry of misconduct,

insubordination misuse of power

and authority, sale and lease of

property without proper sanction

mis-utilization of society fund

and violation of Society’s

Constitution etc. On the same day

Ms. Joy S. Singh, Secretary

Movement Strengthening assumed

charge as officiating National

General Secretary, Mr. Pradeep

Mahanty was appointed as an

Enquiry Officer. It was especially


averred in the suspension order

that “since you are the custodian

of the documents and records

pertaining to the subject matter

under enquiry, I feel it necessary

to place you under suspension

pending enquiry so that there is

no scope for complaint from any

quarters that you are likely to

tamper with the documents and

records and influence witnesses. I

am very keen that the enquiry must

be conducted in absolutely fair

manner and if you are innocent,

your innocence should be

established beyond any doubt.”

Copy of the suspension order dated

11.04.2008 is annexed herewith as

ANNEXURE-A.
12.04.2008 Mr. W. I. Judson Secretary Finance

who was having possession,

entrustment and custody of office

at Bharat Yanak Bhawan, G.F. 01,

Jai Singh Road, New Delhi-110001,


suddenly declared 12th April 2008

as holiday without any rhyme or

reason. In spite of several

repeated requests made by

officiating National General

Secretary to Mr. Judson, he flatly

refused to open the office and

absconded with the keys of office

and switched off his mobile phone.

The matter was finally reported to

SHO, Connaught Place, New Delhi

and D.C.P. concerned. Copies of

the complaints are annexed

herewith as ANNEXURE-B (colly).


13.04.2008 Sunday, Holiday.

14.04.2008 National Holiday being Dr. B.R.

Ambedkar Birthday.
15.04.2008 Mr. T. Thomas, suspended National

General Secretary along with Mr.

W.I. Judson, the Finance Secretary

Custodian of Keys, arrived at

about 10.30 AM at Office and by

that time the entire office staff

were standing outside, as the

Schedule time of opening of office


is 9.30 AM.

Thereafter Mr. T. Thomas and

Mr. Judson and some other persons

accompanying them, made an illegal

declaration that the office shall

remain closed till 16.04.2008.

This was done with malafide and

dishonest intention to prevent Mr.

Joy S. Singh, the Officiating

National General Secretary to

discharge his assigned

constitutional duties mainly to

start the process of enquiry

against Mr. T. Thomas. Besides Mr.

Joy S. Singh and the entire staff

were also illegally prevented and

were made stranded to carry out

and discharge their duties.

Subsequently at about 11.30

AM, Mr. A.E. Aviet, forcibly

thrust upon Mr. Joy S. Singh a

xerox copy of a fax-massage

originating from Bombay YMCA which

was an impugned ex-parte,


arbitrary and illegal arbitration

award. Copy of the Impugned Award

dated 15.04.2008 is annexed

herewith as ANNEXURE-C. It is

apparently clear that there exists

a criminal conspiracy on the part

of Mr. T. Thomas, Mr. Peter Philip

and also Bombay YMCA with an

ulterior motive to install Mr.

Peter Philip as the National

President. The Award is dated

15.04.2008 and originated fax time

is 10.53 AM, hence it is

reasonably presumed that all the

proceedings of alleged Award,

either were carried out on a

previous day or it was passed

prior to working hours.

It is submitted that the

reference to Arbitrator Board was

made by suspended National General

Secretary Mr. T. Thomas who

illegally started parallel

functioning may be from either GOA


or Mumbai and not from registered

office of the Society. Under

Article XIII of Memorandum of

Rules & Regulations there is

absolutely no provision and place

for a Claimant. Hence the award

deserves to be quashed forthwith.

Article XIII 3(a) clearly

indicates that the complainant if

any while giving written complaint

to the legally officiating

National General Secretary, shall

also send a copy to the National

President, which in the present

case has not been done.

Article XIII 5(a) of

Memorandum and Rules and

Regulations, National Council of

YMCAs of India clearly states that

Board of Arbitrators shall enter

in the reference and proceed to

decide the dispute AFTER GIVING

REASONABLE OPPORTUNITIES TO BOTH

THE PARTIES FOR BEING HEARD and


which has been seriously on the

face of it, violated in the

present award hence the award

deserves to be set aside

forthwith.

It transpires and establishes

the malafide intention and

conspiracy and collusion between

Mr. T. Thomas, Dr. Peter Philip

and Bombay YMCA along with the

three Arbitrators namely Mr. P.M.

John (who is from Bombay YMCA),

Mr. R. Sathiamoorthy (Who is from

Madurai, Tamilnadu) and Mr. Joseph

John who is from a distant and

remote place from Kerala (Kayam

Kulam).

Presumably Dr. Peter Philip

and Bombay YMCA were prompted to

take a hasty and illegal recourse

to stall the disciplinary

proceeding against already

suspended National General

Secretary Mr. T. Thomas which


reflects in the Award. Then in a

hurried manner, the suspended

National General Secretary in

collusion with Dr. Peter Philip

and Bombay YMCA, constituted the

Board of Arbitrators as stated

above, vide his letter dated

13.04.2008.

It appears people from far

away places like Madurai and Kayum

Kalam in Kerala, met at Bombay on

15th April 2008 and passed a 12

page impugned ex-parte arbitrary

Award which was ready to be faxed

to Delhi by 10.53 AM on the same

day i.e. 15.04.2008 itself.

A bare perusal of the

impugned ex-parte Award, prima-

facie clearly indicated that it

was pronounced in an illegal

manner.

As per Article III

(Management) National Board shall

be the Governing Body of the


Society as envisaged by the

Societies Registration Act (XXI of

1860). The Management of the

Society shall accordingly vest in

the National Board. National Board

is a superior authority in the

prerogative as per Article VII

3(b) iii (c) of the Constitution

of National Council of YMCAs of

India. National Board shall have

the power for the conduct of

administration of the regions and

for the conduct of General Meeting

of the society and the elections

to be held in the Convention any

by the National Board. Copy of the

Memorandum and Rules & Regulations

of National Council of YMCAs of

India is annexed herewith as

ANNEXURE-D.

APPLICANTS/APPELLANTS
New Delhi
Through
Dated:

ANIL KHOKKAR & O.N. SHARMA


Advocates
Chamber No.17,
Patiala House Courts,
New Delhi-110001
IN THE COURT OF DISTRICT & SESSION JUDGE,
TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

APPLICATION UNDER SECTION 34 OF THE ARBITRATION


AND CONCILIATION ACT 1996 FOR SETTING ASIDE
IMPUGNED EX-PARTE ARBITRARY AWARD DATED
15.04.2008 PASSED BY THE ARBITRATOR BOARD,
NATIONAL COUNCIL OF YMCAs OF INDIA.

MOST RESPECTFULLY SHOWETH:

Aggrieved by the impugned ex-parte arbitrary,

unjust and illegal award passed by the

Arbitrator Board, National Council of YMCAs of

India, the applicants prefer this recourse/

application against the arbitral award on the

grounds mentioned herein-below inter-alia

amongst other grounds:

BRIEF FACTS OF THE CASE:

The brief facts of the case are stated in the

dates and events and not being repeated herein

for the sake of brevity.


Q.1. On question No.1 determined by the

Arbitrator Board in the impugned ex-parte

award, it is submitted that National

Executive violated the constitution by

superceding illegally and reversing the

decision of National Board.

The National Board met on 27.09.2007

and took a unanimous decision directing

the then National General Secretary Mr. T.

Thomas to take action, file the appeal

without any delay. It was further

recommended by the National Board that

action in this regard should be taken at

the earliest and to maintain status quo

until disposal of the appeal filed by the

council before the competent court until

fresh election conducted. Mr. T. Thomas,

the then National General Secretary, did

not comply to the directions.

BOARD RESOLUTION NO.12 AT PAGE-9

The then National General Secretary

Mr. T. Thomas convened a meeting of the

Executive Committee to be held at Chennai

on 6.12.2007 vide his letter dated


21.11.2007 to finalize the filing of

Appeal. However Mr. T. Thomas connived

with few Members of the Executive and

literally the president and others where

forced to take a decision contrary to the

direction of the National Board. When the

president received complaints from various

members and realized the acts and omission

of violating the National Board

directions, the National President on

05.03.2008 directed the then National

General Secretary Mr. T. Thomas to with

hold the election process which was

proceeding in an illegal and

unconstitutional manner.

This was also admitted and confirmed

by Mr. Pradip Mahanty Convenor of the

Nomination Committee vide his letter dated

10.03.2008, 26.03.2008, 27.03.2008,

31.03.2008 and 07.04.2008 (colly).

It was only to protect the

constitutional provisions and not to stall

the election process as being bonafide

Members of YMCA, they are duty bound not


to violate and on the contrary to protect

the constitutional obligations.

Q.2. On the question No.2 determined by the

Arbitrators, it is respectfully submitted

that in accordance with the NCYI

Constitution and Personnel Policy

(Applicable to professional YMCA

Secretaries) refers to the National

President as the Supreme-Competent

Authority in matters of imposing penalties

to YMCA Secretaries. Reference is made

Personnel Policy YMCAs of India at page 12

Article XVI. Copy of the Personnel Policy

of National Council of YMCAs of India is

annexed herewith as ANNEXURE-E.

The National President in his letter

of suspension severed to Mr. T. Thomas has

categorically mentioned at Page-2 “since

you are the custodian of the documents and

records pertaining to the subject matter

under enquiry, I feel it necessary to

place you under suspension pending enquiry

so that there is no scope for complaint

from any quarters that you are likely to


tamper with the documents and records and

influence witnesses. I am very keen that

the enquiry must be conducted in

absolutely fair manner and if you are

innocent, your innocence should be

established beyond any doubt.” Of

suspension letter dated 11.04.2008.

Suspension is not a penalty. It is

only and solely done to have a fair, just

and unbiased enquiry. If Mr. T. Thomas is

innocent of the complaints and allegations

leveled against him, he should prove his

innocence in the enquiry. He is

frantically trying to avoid the enquiry

and closing the office illegally holding

on to the official documents and records

and keys.

Q.3. In relation to the Question No.3

determined by the Arbitrators, it is

respectfully submitted that according to

prerogative and precedence it is not

necessary to appoint a Senior Most

Secretary of NCYI. Presently the Senior


Most Secretary is Mr. W.I. Judson who is

holding portfolio of Finance and since

there are allegations of irregularities

and anomalies in financial matters, it is

but obvious in this case that keeping in

view the anomalies, the charge could not

be assigned to Mr. W.I. Judson the Senior

Most Secretary. Secondly Mr. Joy S. Singh

is not APPOINTED but this is only an

interim arrangement as the Officiating

National General Secretary. REF.

SUSPENSION LETTER PAGE-2 SECOND PARA.

Q.4. In relation to the Question No.4

determined by the Arbitrators, it is

respectfully submitted that Mr. Pradip

Mahanty has acted bonafidely in accordance

of the Constitution of NCYI in declaration

of nomination as null and void. Secondly

Mr. P. Mahanty was the Convenor of the

Nomination Committee at in point of time

when the decision of National Board dated

27.09.2007 for maintaining status quo was

passed, Mr. P. Mahanty was the Convenor of


Nomination Committee. There is no

provision in the constitution of NCYI for

the post of Chairman as alleged in

Question NO.4. If there is any chairman,

there is no objection of his removal.

It is submitted that a duly suspended

National General Secretary can not be

directed by the board of arbitrators to

perform the function of the National

General Secretary. Secondly it is reliably

learnt that an illegally and

unconstitutionally convened Executive

Committee has met on 16.04.2008 morning at

New Delhi YMCA, when many Members from far

off places have assembled. The conspiracy

by the Suspended National General

Secretary Mr. T. Thomas, the Claimants,

Board of Arbitrators and Executive

Committee Members who have illegally

assembled in the meeting, hastily and

unlawfully convened on 16.04.2008 after an

unlawful impugned ex-parte arbitrary Award

dated 15.04.2008. Whereas, as per

Constitution Article VIII 3(b) the


National President’s concurrence about

time and place of meeting has not been

obtained nor has he received any such

information about convening of any

meeting.

GROUNDS

A. That the applicants were not given proper

notice of the appointment of arbitrators

or the arbitral proceedings or was

otherwise unable to present their case.

Hence the principles of natural justice

were violated.

B. That since no information of arbitration

constitution for arbitral proceedings was

given to the applicants, the applicants

were under incapacity of representing

their case before the Arbitration Board.

C. That the composition of Arbitration Board

and arbitral procedure was not in

accordance with the agreement of the

parties.

D. That the Arbitrator Board carried out the

proceedings illegally, improperly,


arbitrarily and contrary to the provisions

and procedures provided in the Memorandum

and Rules and Regulations of National

Council of YMCAs of India.

E. That the Arbitration Board was not duly

constituted in accordance of the

constitution and hence the impugned ex-

parte arbitrary award is without

jurisdiction.

F. That the award has not been passed on the

non-judicial stamp paper neither each of

its page has been signed by the Members of

the Arbitration Board. However, in a

previous Arbitration Award dated

21.09.2007 where two the present

Arbitrators were also Members of the

present Arbitration Board and the award

was passed on non-judicial paper and each

of its pages were signed by all three

Arbitrators. Copy of the letter dated

21.11.2007 with the copies of the previous

award are annexed herewith as ANNEXURE-F

(colly).
PRAYER

It is, therefore, most respectfully

prayed that this Hon’ble Court may kindly

be pleased to quash and set aside the

impugned ex-parte arbitrary Award dated

15.04.2008.

It is further prayed that all further

consequential proceedings arising or

carried out thereafter by any Committee,

Body or Individual be declared

unconstitutional, illegal and be set

aside.

It is further prayed that the

respondents be directed to furnish

original/certified copy of the impugned

ex-parte arbitrary Award dated 15.04.2008

and in the meanwhile the Hon’ble Court may

rely upon the Xerox copy of the impugned

order.

It is further prayed that the

operation of the award may be stayed

pending the disposal of this application.

It is further prayed that Hon’ble

Court may pass an order directing the


other party/respondents to give suitable

securities for compliance of the orders.

It is further prayed that Mr. T.


Thomas was suspended as National General
Secretary on 11.04.2008 and as meetings of
Committees are normally convened by the
National General Secretary and as such any
meetings convened after 11.04.2008 by Mr.
T. Thomas posing as National General
Secretary or even his present in any
meeting after 11.04.2008 be declared
illegal, irregular and irrelevant during
the period of suspension, all these be
declared null and void and set-aside.
It is further prayed that Mr. T.
Thomas be directed forthwith not to
indulge in any such activities as National
General Secretary from 11.04.2008.
Pass any other further order(s) which
this Hon’ble Court may deem fit and proper
in the facts and circumstances of the
case, in the interest of justice.

APPLICANTS/APPELLANTS
New Delhi
Through
Dated:

ANIL KHOKKAR & O.N. SHARMA


Advocates
Chamber No.17,
Patiala House Courts,
New Delhi-110001
IN THE COURT OF DISTRICT & SESSION JUDGE,
TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

MEMO OF PARTIES

1. Mr. J. Alexander
National President
National Council of YMCAs of India
507, Chinmaya Mission Hospital Road,
Indira Nagar, Bangalore 560 038

2. Mr. Pradip Mahanty


Convenor, Nomination Committee,
National Council of YMCAs of India
Shree Niketan, Sutahat,
Cuttack 753 001, Orissa

3. Mr. Joy S. Singh


Officiating National General Secretary
Bharat Yuvak Bhavan,
1, Jai Singh Road,
New Delhi-110 001 ……Appellants
/Applicants
VERSUS

1. Dr. Peter Philip


S/o Mr. K.M. Philip,
Bombay YMCA
18, YMCA Road, Mumbai

2. Bombay YMCA
through its General Secretary
18, YMCA Road,
Mumbai-400008
3. R. Sathiamoorthy (Chairman)
Advocates
American College,
Madurai 625001

4. P.M. John (Chartered Accountant)


Seeval Building ‘B’
20 G N Bharucha Marg
Mumbai-400 007

5. Joseph John (Member)


Kannayil House
Bank Road,
Kayamkulam 690 502
Kerala

6. T. Thomas
Suspended National General Secretary
National Council Secretary Quarters
1, Jai Singh Road,
New Delhi-110 001 …Respondents

APPLICANTS/APPELLANTS
New Delhi
Through
Dated:

ANIL KHOKKAR & O.N. SHARMA


Advocates
Chamber No.17,
Patiala House Courts,
New Delhi-110001
IN THE COURT OF DISTRICT & SESSION JUDGE,
TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

AFFIDAVIT

I, J. Alexander, National President,

National Council of YMCAs of India, 507,

Chinmaya Mission Hospital Road, Indira Nagar,

Bangalore 560038, presently in Delhi, do hereby

solemnly affirm and declare as under:-

1. That I am the applicant/appellant No.1 in

the above noted case and well conversant

with the facts and circumstances of the

case and hence competent to swear this

affidavit.

2. That the accompanying application U/s 34

of the Arbitration and Conciliation Act

1996 has been drafted by my counsel and

the same have been explained to me and

understood by me and the same are not


being repeated herein for the sake of

brevity as the may be read as part and

parcel of this affidavit.

3. That the copies of the annexures are true

copies of their respective originals.

DEPONENT
VERIFICATION:

Verified at New Delhi on this …… day of April

2008 that the contents of the above affidavit

are true and correct to my knowledge and no

part of it is false and nothing material has

been concealed therefrom.

DEPONENT
IN THE COURT OF DISTRICT & SESSION JUDGE,
TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

AFFIDAVIT

I, Pradip Mahanty, Convenor, Nomination

Committee, National Council of YMCAs of India,

Shree Niketan, Sutahat, Cuttack 753001, Orissa,

presently in Delhi, do hereby solemnly affirm

and declare as under:-

1. That I am the applicant/appellant No.2 in

the above noted case and well conversant

with the facts and circumstances of the

case and hence competent to swear this

affidavit.

2. That the accompanying application U/s 34

of the Arbitration and Conciliation Act

1996 has been drafted by my counsel and

the same have been explained to me and

understood by me and the same are not


being repeated herein for the sake of

brevity as the may be read as part and

parcel of this affidavit.

3. That the copies of the annexures are true

copies of their respective originals.

DEPONENT
VERIFICATION:

Verified at New Delhi on this …… day of April

2008 that the contents of the above affidavit

are true and correct to my knowledge and no

part of it is false and nothing material has

been concealed therefrom.

DEPONENT
IN THE COURT OF DISTRICT & SESSION JUDGE,
TIS HAZARI, DELHI

APPEAL NO. OF 2008

IN THE MATTER OF:

Mr. J. Alexander & Ors. ……Appellants


/Applicants
VERSUS

Dr. Peter Philip & Ors. …Respondents

AFFIDAVIT

I, Joy S. Singh, Officiating National General

Secretary, Bharat Yuvak Bhavan, 1, Jai Singh

Road, New Delhi-110 001, do hereby solemnly

affirm and declare as under:-

1. That I am the applicant/appellant No.3 in

the above noted case and well conversant

with the facts and circumstances of the

case and hence competent to swear this

affidavit.

2. That the accompanying application U/s 34

of the Arbitration and Conciliation Act

1996 has been drafted by my counsel and

the same have been explained to me and

understood by me and the same are not

being repeated herein for the sake of


brevity as the may be read as part and

parcel of this affidavit.

3. That the copies of the annexures are true

copies of their respective originals.

DEPONENT
VERIFICATION:

Verified at New Delhi on this …… day of April

2008 that the contents of the above affidavit

are true and correct to my knowledge and no

part of it is false and nothing material has

been concealed therefrom.

DEPONENT

Anda mungkin juga menyukai