M/S Western Outdoor Structure Pvt Ltd v. Board of Control for Cricket in India and 5 Ors

ORDER

06.03.2024

Heard Shri B.P. Borah, learned counsel for the petitioner. Also heard Ms. S. Sharma, learned counsel appearing for the BCCI. The present petition was filed for direction for release of an amount of Rs.2,85,42,481/- along with interest for works done by the petitioner for the respondent-Board. Shri Borah, the learned counsel for the petitioner has however fairly submitted that a similar issue which was before this Court in WP(C)/5220/2021 Page No.# 3/3 has been decided vide judgment dated 15.02.2024 whereby a writ petition of the present nature has been held to be not maintainable. Shri Borah, the learned counsel has however submitted that while dismissing the aforesaid writ petition, this Court has made certain observations regarding the liberty of the party to approach the appropriate Civil Court. After hearing the parties and on perusal of the order dated 15.02.2024 passed in WP(C)/5220/2021 [Manabedra Kumar Sarma vs. Board of Control for Cricket in India & 3 Ors.], the present writ petition is also dismissed. The petitioner is however at liberty to approach the appropriate Civil Court for redressal of his grievance, if so advised. In case the issue of limitation arises, the petitioner would be at liberty to take recourse to Section 14 of the Limitation Act. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010014162021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3873/2021o M/SoWESTERNoOUTDOORoSTRUCTUREoPVToLTDo REPRESENTEDoBYoITSoMANAGINGoDIRECTOR,oDALERoSINGHoMATHADU.o AGEo42oYEARS,o5THoFLOOR,oS.KoTOWER,oNEARoAXIXoBANK,oHARIoNIWASo CIRLCE,oNAUPADA,oMAHASTSTRA,oMUMBAI 2:oRAHULoRAMESHoSHAH oS/OoRAMESHoMEGHJIoSHAH o EXECUTIVEoDIRECTORoOFoWESTERNoOUTDOORoPRIVATEoLIMITED oRESIDENToOFo5THoFLOOR oS.KoTOWER oHARINIWASHoCIRCLE oTHANE oWESTo400602 oMAHARASTRo VERSUSo BOARDoOFoCONTROLoFORoCRICKEToINoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoCHAIRMANo4THoFLOOR,oCRICKEToCENTRE,o WANKHEDAoSTADIUMoROAD,oCHURCHGATE,oMUMBARIo400020,o MAHARASHTRA,oINDIA, 2:THEoASSAMoCRICKEToASSOCIATION oREPRESENTEDoBYoITSoSECRETARY oASSAM oBARSAPARA oGUWAHATI oASSAM o781018 3:THEoTREASURER oASSAMoCRICKEToASSOCIATIONoBARSAPARA oGUWAHATIo781018 Page No.# 2/3 ASSAM 4:THE AUDITOR ASSAM CRICKET ASSOCIATION BARSAPARA GUWAHATI 781018 ASSAM 5:ASSISTANT ENGINEER BARSAPARA CRICKET STADIUM ASSAM CRICKET ASSOCIATION BARSAPARA GUWAHATI 781018 ASSAM 6:THE TECHNICAL COMMITTEE BARSAPARA CRICKET STADIUM REPRESENTED BY ITS CHAIRMAN BARSAPARA GUWAHATI 78101 Advocate for the Petitioner : MR B P BORAH Advocate for the Respondent : MR S KHOUND BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI