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PETITIONER: INDIAN TRIATHION FEDERATIONRY & ANR. ETC.

       Vs.

RESPONDENT: PONDY TRIATHLON ASSOCIATION & ORS. ETC.

DATE OF JUDGMENT:       13/01/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                             WITH         SPECIAL LEAVE PETITION (C) NO. 1527 OF 1997                         (CC 6097/96)                             AND             TRANSFER PETITION (C) NO. 13 OF 1997                          O R D E R T.P. (C) 749/96.      The transfer petition is dismissed as withdrawn. SLP (C) No. 1527 of 1997      This petition  seeking leave  of  this  Court  to  file appeal has been filed directly against the order dated March 5, 1996  passed by  the First  Assistant Judge,  City  Civil Court, Madras  in Original  Suit No.  540 of  1996.  We  are informed that  an appeal against the decree has already been filed before  the Principal Judge, City Civil Court, Madras. Under these  circumstances, the  question of  granting leave and considering  the matter on merits by this Court does not now survive.  Learned counsel  seeks to withdraw the special leave petition.      The special leave petition, under the circumstances, is dismissed as withdrawn. T.P. (C) 13/97.      In relation  to  the  dispute  as  to  the  membership, disqualification etc.  by our  order dated  November 8, 1996 all the  disputes were  referred to the arbitrators in terms of  Rule   19  of  the  Indian  Olympics  Association  rules extracted in  that order.  Pursuant  thereto,  the  disputes stood referred  to the arbitrators. Under the circumstances, the appeal  bearing S.R.  No. 47145  of 1996  pending in the City Civil Court, Madras cannot be ordered to be transferred to the Arbitration Board as it has no jurisdiction to decide the correctness  of the  declaratory  decree.  Instead,  the Principal Judge,  City Civil Court, Madras should dispose of the  appeal   on  merits.  We  think  that  the  appropriate procedure would  be that  as soon  as the arbitrators decide the dispute,  the award shall be placed before the Principal judge, City Civil Court, Madras to be taken on record in the pending appeal  as additional evidence under Order XLI, Rule 27 of the Code of Civil Procedure, 1908. It would be open to the parties  to raise  all their  contentions  de  hors  the

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amendment of  their pleadings  and the  principal  Judge  is directed to  consider and  dispose of  the disputes  in  the light of the arbitrators’s decision or any other contentions raised by the parties in accordance with law.      The transfer petition is disposed of accordingly.