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Date of Decision: 30.5.2018 W.P.(C) No.6040/2018
PUNJAB FC PRIVATE LIMITED AND ANR. ..... Petitioner
Through: Mr. Amitabh Tewari, Adv.
Through: Mr. Prem T. Mishra with Mr. Siddharth, Mr. Mayank Tripathi, Mr. amit Kumar
Agrawal, Advs.
CM Appl. No.23436/2018
JUDGMENT
1. Allowed, subject to just exceptions. W.P.(C) No.6040/2018 & CM No.23437/2018
2. By virtue of this writ petition, challenge is laid to the order dated 13.5.2018, passed by respondent No.2. Vide the impugned order, petitioner No.2 has been banned for a period of 12 months and a fine of Rs.10 lakhs has been imposed upon him.
3. It is not disputed by Mr. Tewari, who, appears for the petitioners, as well as Mr. Mishra, who, appears on advance notice for the respondent, that an appeal would lie against the said decision to the All India Football Federation Appeal Committee (hereafter ‘Appellate Authority’). 2018:DHC:3613 W.P.(C) No.6040/2018 Pg. 2 of 2
4. Learned counsel for the respondents says that if an appeal is filed within two weeks from the date of receipt of this order, it will be heard and disposed of on merits. 4.[1] Furthermore, counsel for the respondents says that in the meanwhile, the fine imposed upon petitioner No.2 will be kept in abeyance.
5. Accordingly, the writ petition is disposed of with a direction that the appeal will be heard by the Appellate Authority upon it being filed within two weeks from the date of the receipt of the copy of the order. The appeal, if filed, within the aforementioned time frame, by petitioner No.2, will be taken up for hearing by the Appellate Authority and a decision will be rendered with due expedition, though, not later than six weeks from the lodgment of the appeal.
6. Pending the aforesaid exercise by the Appellate Authority, the fine imposed against petitioner No.2 will not be sought to be recovered. The Appellate Authority will give a personal hearing to petitioner No.2. 6.[1] Furthermore, the Appellate Authority will pass a speaking order; with a copy being furnished to the petitioners. 6.[2] In case the petitioners are aggrieved by the final determination made in the appeal, they will have liberty to assail the same in the manner known to law.
7. Consequently, pending application shall stand closed.
RAJIV SHAKDHER, J MAY 30, 2018