Calcutta Cricket & Football Club vs Mr. Karan Singh Grewal & Ors

IN THE MATTER OF: The Calcutta Cricket & Football Club ...Appellant(s)

Versus Karan Singh Grewal & Ors. ...Respondent(s)

Present: For Appellant : Mr. Gaurav Mitra, Mr. Ankur S. Kulkarni, Ms. Sonia Dube, Ms. Kanchav Yadav, Ms. Divyansha Gajallewar, Adv. Tanisha Sharma and Ms. Lavanya Pathak, Advocates.

For Respondents : Mr. Siddhartha, Mr. Karan Mamgain, Mr. Dhananjay Sahai, Mr. Lokesh Nandan and Ms. Nandita Seth, Advocates.

ORDER

(Hybrid Mode)

24.11.2025 Heard Shri Gaurav Mitra Ld. Counsel appearing for the

Appellant and Shri Siddhartha Ld. Counsel appearing for the Respondent

No.2 & 3.

This appeal has been filed against an order dated 04.07.2025 passed

by NCLT, Division Bench Court-I, in I.A. No. 44 of 2025. When this appeal

was taken for consideration this Tribunal has passed following order dated

23.07.2025:

"23.07.2025: Shri Gaurav Mitra Ld. Counsel appearing for the appellant submits that order dated 04.07.2025 passed by Adjudicating Authority is not in accord with the earlier order passed by NCLT itself on 30.09.2024. He however submits that in paragraph-24 interim order in a general term has been issued whereas the application was filed by only two members. He further submits that there was no occasion to issue observation in paragraph-25. Ld. Counsel for the respondent pointed out to the order of Hon'ble Supreme Court dated 18.07.2025 in Civil Appeal No. 6604/2025 where Supreme Court on 18.07.2025 has passed following order:

"O R D E R

1. Appeals are admitted for hearing.

2. Learned counsel for the respondent(s) prays for and is allowed two weeks' time to file counter affidavit.

3. List this matter for hearing on 06.08.2025. 2 of 2 Company Appeal (AT) (Ins) No. 159 of 2025.

4. In the meantime, in modification to this Court's earlier order dated 19.05.2025, it is hereby directed that the National Company Law Tribunal (NCLT) shall not proceed further with the company petition till the next date of hearing."

2. The order impugned was passed on 04.07.2025 i.e. prior to direction of Hon'ble Supreme Court. We however are of the view that the observations in paragraph-24 at best can confine only to the applicants. We are of the view that directions under paragraph-24 should protect the applicants who had filed the IA No. 44/2025 and there was no occasion to issue observations in paragraph-25 hence paragraph-25 of the order shall remain stayed.

3. Issue Notice to the Respondents through Speed Post as well as Email. Requisites along with process fee, if not filed, be filed within two days.

4. Let Reply be filed within two weeks. Rejoinder, if any, may be filed within two weeks, thereafter."

2 of 5 Ld. Counsel for the Appellant submits that the proceedings under

Section 241 & 242 of the Companies Act, 2013, which was initiated by four

Members of the Club is now pending in the Hon'ble Supreme Court where

Hon'ble Supreme Court has passed modified interim order on 18.07.2025 by

which direction proceedings under Section 241 & 242 pending before the

NCLT has been stayed. It is submitted that the I.A. No. 123 & 164/KB/2024

was filed by Respondent No.2 & 3 in the Company Petition praying for various

reliefs in which I.A. reliefs prayed by the Respondent No. 2 & 3 where not

granted, however, NCLT directed the Club to strictly adhere to its Articles of

Association while attempting to initiate, conduct and conclude any

Disciplinary Proceedings against its Members. Ld. Counsel for the Appellant

has referred para 31 of the order, which is as follows:

"In light of the above, we direct the Club to strictly adhere to its Articles of Association while attempting to initiate, conduct and conclude any Disciplinary Proceedings against its Members or suspend its Members and in doing so review the disciplinary action against the applicants thus far on the touch stone of the AoA, where some lacunae do appear to have occurred as brought out herein above."

Submission of the Appellant is that the said order was passed on

30.09.2024, subsequently another application. I.A. No. 44 of 2025 has been

filed by the Appellant making substantially the similar reliefs which was

prayed earlier and Adjudicating Authority after considering the application

has directed following in para 24 & 25.

3 of 5 "24. In regard to the smooth functioning of the club, the above Clauses require to be strictly adhered to. Yet, despite Orders, it is observed that the club has caused show cause notice for suspension of the members when the election dispute of 2024 is still not over. Hence, we direct that no adverse action be taken by the club against its members, till the issue is pending before the Hon 'ble Supreme Court is decided.

25. In case the club fails to comply with the Clause as mentioned above, in running of its administration, this Tribunal will not hesitate to appoint an administrator to smoothly run its administrative affairs till the matter is decided by the Hon 'ble Apex Court."

It is submitted that the direction in para 24 that no adverse section be

taken by the Club against the Members are unsustainable since only show

cause notice has been issued against Respondent No.2 and disciplinary

proceedings have yet not been concluded. It is further submitted that there

was no occasion to make observation in para 25 and this Tribunal has already

passed on interim order staying the said observation.

Ld. Counsel for the Respondent submits that the Club is obliged to

follow the articles of association of the club in any disciplinary proceedings

against the Respondent No.2 & 3.

We have heard Ld. Counsel for the parties and perused the record. The

earlier order passed by the NLCT on IA's filed by the Respondent No. 2 & 3

dated 30.09.2024 has already directed the Club to strictly adhere to its

4 of 5 Articles of Association while attempting to initiate, conduct and conclude the

disciplinary proceedings against its Members.

NCLT having already issued direction to the Club to adhere to its

Articles of Association and has not granted. Prayers made by Respondent No.

2 & 3 in its earlier application in I.A. No. 123 & 164 of 2024, there was no

occasion to issue any direction to the Club not to take any coercive action

against Members, since by order dated 30.09.2024. Prayers of the Respondent

No. 2 & 3 to the Club from taken any action against Respondent No. 2 & 3

was refused. There was no occasion to pass direction as contained in para 24

of the order. We, thus, are of the view that observation and direction, in para

24 & 25 need to be deleted from the impugned order.

As far as, the submission of the Respondent that the Club is to strictly

adhere to the Articles of Association, the said direction is already operating

under order dated 30.09.2024. In view of the above, we dispose of the appeal

by modifying the order dated 04.07.2025 by deleting para 24 & 25 from the

order.

The appeal is disposed accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Abhishek/md

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