Justice CV Karthikeyan has allowed application filed by MAM Trust and imposed a cost of Rs.1 lakh on MRC. The cost is to be paid to Rajiv Gandhi Govt General Hospital for treatment of COVID-19 patients. [11/23, 16:34] Sekarreporter 1: CS.737/2019 – Dr.M.A.M.RamaswamyChettiarof

[11/23, 16:34] Sekarreporter 1: Justice CV Karthikeyan has allowed application filed by MAM Trust and imposed a cost of Rs.1 lakh on MRC. The cost is to be paid to Rajiv Gandhi Govt General Hospital for treatment of COVID-19 patients.
[11/23, 16:34] Sekarreporter 1: CS.737/2019 – Dr.M.A.M.RamaswamyChettiarof ChettinadCharitable Trust vs 1. The Madras Race Club . Application in A.1164/2020 and A.1165/2020 filed to pass an order directing the respondents 1 to 7 to register the transfer of the two years old horses under mentioned in the name of the applicant and grant them entry permission into Madras Race Club premises for training by the authorized trainers pending disposal of the above suit. SL. NO. HORSE NAME TRAINER NAME 1. PLANTAIRE/AAHAYGRAN R.FOLEY B.C. (2 YEARS OLD) 2. PLANTAIRE/OCEAN R.FOLEY OUEEN
MAIDEN B.C. (2 YEARS OLD) PLANETAIRE RUBY B.SURESH QUEEN B.F. (2 YEARS OLD) 61. It is further prayed that this Hon ble Court may be plcased to pass an order directing the respondents 1 to 7 to register new horses acquired by the applicant and grant them permission for entering Madras Race Club and undertaking training pending disposal of the above suit. ustice CV Karthikeyan has allowed application filed by MAM Trust and imposed a cost of Rs.1 lakh on MRC. The cost is to be paid to Rajiv Gandhi Govt General Hospital for treatment of COVID-19 patients. Counsel for applicants Applicants. G. Masilamani senior counsel for Applicants
R. Srinivas, S. Sithirai Anandam
[11/23, 16:35] Sekarreporter 1: BEFORE THE HON`BLE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)

APPLICATION NO. OF 2020
IN
C.S. NO. 737 OF 2019
Dr.M.A.M.RamaswamyChettiarof ChettinadCharitable Trust
Represented by its Managing Trustee Dr.A.C.Muthiah, (aged 76 years),
Residing at :Chettinad House, R.A.Puram,
Chennai -600028. …Applicant/Plaintiff
:-versus:-
1. The Madras Race Club
Represented by its Secretary,

2. Mr.M.A.M.R. Muthiah,
S/o.SekkappaChettiar,

3. Mr.Arun Alagappan,
S/o. (Not Known)

4. Mr.Chaduranga Kanthrajurs,
S/o. (Not Known)

5. Dr.T.Devanathan Yadav,
S/o. (Not Known)

6. Mr.Paul Antony,
S/o. (Not Known)

7. Mr.K.Shashabindu Das,
S/o. (Not Known)

Defendants/Respondents 1 to 7 are having Office at
Madras Race Club,
(Stewards Committee Members)
Guindy,
Chennai – 600032.
… Defendants 1 to 7/ Respondents 1 to 7

8. Dr.Kumararani Meena Muthiah
Wife of Late Kumararaja Muthiah Chettiar

9. Mr.Ashwin Muthiah
Son of A.C.Muthiah

10. Mr.AR.L. Sundaresan
Son of AR.Lakshmanan
Defendants/Respondents 8 to 10 are having office at
Dr.M.A.M.Ramaswamy Chettiar of Chettinad Charitable Trust
Trustees,
Chettinad House,
R.A. Puram,
Chennai – 600028.
…Defendants 8 to 10 /Respondents 8 to 10

AFFIDAVIT OF DR.A.C.MUTHIAH

I, Dr.A.C.Muthiah S/o.Late.Dr.M.A.Chidambaram, Hindu, aged about 76 years, having office at The Chettinad Charitable Trust, Chettinad House, Raja AnnamalaiPuram, Chennai -600028, do hereby solemnly affirm and sincerely state on oath as follows:

1. I am the Trustee of the Applicant/Plaintiff Trust. I am well acquainted with the facts and circumstances of this case. I am competent to swear to this affidavit.

1. The Applicant above named is the Dr.M.A.M.Ramaswamy Chettiar of Chettinad Charitable Trust represented by its Trustee. The trust has its office at Chennai within the jurisdiction of this Hon`ble Court.

2. The Applicant above named is the Dr.M.A.M.Ramaswamy Chettiar of Chettinad Charitable Trust represented by its Managing Trustee. The trust has its office at Chennai within the jurisdiction of this Hon`ble Court.

3. The Applicant trust was created by one Late.Dr.M.A.M.Ramaswamy, S/o. Sir.M.A.Muthiah Chettiar through and by a deed of declaration of trust dt.9.2.2015. (Doct.No.51/2015, SRO Mylapore). The said deed of declaration of trust is filed along with this Plaint as document No.1). It is submitted originally the trustees of the trust were as follows:-
1. Dr.M.A.M.RamaswamyChettiar
2. Smt.KumararaniMeenaMuthiah
3. Dr.A.C.Muthiah
4. Mr.AshwinC.Muthiah
5. Mr.AR.L.Sundaresan

It is submitted that Dr.M.A.M.Ramaswamy expired on 2.12.2015 and thereafter the remaining four trustees are managing the Applicant trust.

4. The objects of the trust which is a Public Charitable Trust as could be culled out from the above deed of declaration of trust is as follows:-

a. To establish, run, maintain or support Educational, Technical and Technological Institutions, Medical Colleges, Nursing Colleges, Dental Colleges, Pharmacy Colleges, Teach Training Institutes, Polytechnics and Veterinary Colleges/Hospitals and any other institutions for imparting education and training in technical courses, medicine and pharmacy, dental and all branches of study relating to the above, establishing research insti9tutes, rural health Centers and Universities etc.
b. To institute and maintain or support hospitals, dispensaries or crèches.
c. To maintain home for Orphans, Destitute, Widows and to educate the said persons in an appropriate manner.
d. To provide relief for the poor and distressed in India and to award scholarship and stipend for encouraging the needy and deserving students.
e. To support any cultural activity of Charitable nature engaged in the promotion of Art, History, Culture, Literature, Monuments and places or objects of Artistic or Historic interest.
f. To provide for and carry out protection of animals as well as environment, forest, lakes and rivers in India.
g. To generally spend for Charitable purposes for the benefit of the General Public in India and to make donations to Charities involved in similar objects as the present Trust.
Provided
The same falls within the definition of “Charitable Purpose” as defined under the Income Tax Act, 1961, as amended from time to time.
h. The benefit of the Trust shall be to all public irrespective of caste, sex, creed, or religion etc.
i. No part of the funds or Assets of the Trust shall be used or applied for the benefit of the Trustees. All Income/Assets of the Trust shall be applied towards the objects only.
j. All the Charitable activities of the Trust shall be done in India.

5. The Trust is functioning in accordance with its objectives.

6. The aforesaid Mr.M.A.M.Ramasamy was the son of Sir.M.A.M.Muthiah Chettiar and Rani Meyammai Achi. The said couple had two sons namely 1. Mr.Kumara Raja Muthiah Chettiar, 2.Dr.M.A.M.Ramasamy Chettiar. The said KumararajaMuthiahChettiar was married to one Mrs.Kumara Rani Meena Muthiah. The aforesaid Mr.M.A.M.Ramasamy was married to one Mrs.Sigappi Achi. The aforesaid Kumararaja Muthiah died on 24.1.1970. the aforesaid Rami Meyammai Achi died on 1.3.1970. Sir M.A.M.Muthiah Chettiar died on 12.5.1984. Mrs.Sigappi Achi died on 24.3.2006. Mr.M.A.M.Ramasamy died on 2.12.2015. (His death certificate to filed as Plaint Doct. No. 2 ). Late.Mr.M.A.M.Ramaswamy & Mrs.Sigappi Achi did not have any issues.

7. It is submitted that the 2ndRespondent herein falsely claims to be the adopted son and heir of Mr.M.A.M.Ramasamy Chettiar. Mr.M.A.M.Ramasamy was harassed and tortured by the 2ndRespondent when he was alive. Mr.M.A.M.Ramasamy had publicly and openly disowned and disavowedthe 2ndRespondent during his life time. In any event the said alleged adoption is neither valid nor legal and it is not permitted by the custom and usage of the NattuKottaiChettiar community. Mr.M.A.M.Ramasamy executed a Will dt.18.2.2015 registered as doct. No.16/2015 in the SRO, Mylapore. (a copy of which is filed herewith as Plaint document No.3).

8. In the said Will Dr.M.A.M.Ramasamy has stated interalia that he does not want to give any property to the 2nd Respondent or to any member or members of his family including his wife, children etc in any capacity whatsoever. He also ordained that none of them will perform any of the obsequies or ceremonies relating to his death or inheritary of his properties or assets after his lifetime.

9. It is submitted that in the same will stated above the said Dr.M.A.M.Ramasamy had clearly stated as follows in para 9.

“I hereby bequeath the entirety of properties movables and immovables, rights, claims and interest at any property belonging to me as the date of my death to and in favour of “Dr.M.A.M.RamaswamyChettiar of Chettinad Charitable Trust”, which has been created by me on 09.02.2015, vide registered Trust Deed in Document Number: 51 of 2015 on the file of Sub Registrar, Mylapore”.

10. It is submitted that Dr.M.A.M.Ramasamy had specifically bequeathed his entire estate to the Applicant trust in the Will dt.18.2.2015 stated above.

11. It is submitted that Dr.M.A.M.Ramasamy expired on 2.12.2015. It is submitted that even the funeral rites were done only as per the aforesaid wishes of Dr.M.A.M.RamasamyChettiar.

12. It is submitted that the 2ndRespondent was well aware of the Will afore described executed by Dr.M.A.M.Ramasamy, even during the later’s life time and the same was also proclaimed publicly soon after his death. In fact the 2nd Respondent filed a Caveat opposing the probate of the afore referred Will of Dr.M.A.M.Ramasamy in this Hon`ble Court. The Applicant trust filed a petition for probate of the aforesaid Will of Dr.M.A.M.Ramasamy in O.P.No.894/2016 in this Hon`ble Court and the 2ndRespondent was served with copy of the Will and the probate application as early as on June 2016. The 2ndRespondent has entered appearance in the above O.P.No.894/2016 and the same is pending. The copy of the probate O.P.No.894/2016 is filed herewith as document No.4.

13. One Late.Dr.M.A.M.Ramaswamy Chettiarhad executed a deed of declaration of trust dated 09.02.2015, duly registered as the document No:51/2015 in the office of the Sub Registrar Mylapore, constituting Dr.M.A.M. Ramaswamy Chettiar of Chettinad Charitable Trust (thereafter called the Applicant trust). There were totally five trustees in the said trust including the founder.

14. Subsequently Late. Dr.M.A.M.Ramaswamy Chettiar had executed a deed of declaration of trust dated 16.02.2015 registered as the document No.61/2015 in the office of Sub Registrar, Mylapore, constituting a private trust by name Late.Dr.M.A.M.Ramaswamy Chettiar Trust (thereafter called the private trust). The objects of the trust are set out in clause 8 of the deed. The sole beneficiary under said trust was himself. Clause 9(iii) of the said private trust deed provides that, after the life time of the settlor [Dr.M.A.M.Ramaswamy Chettiar the properties of the said private trust would go to Dr.M.A.M.Ramaswamy Chettiar of ChettinadCharitable Trust the charitable trust which was registered under document No:51/2015 dated on 09.02.2015 in the office of the Sub-Registrar, Mylapore. Four trustees were Co-opted to the said trust on 27.03.2015. (The copy of this Private Trust deed is filed as Plaint Doct. No.5).

15. During his life time on 30.09.2015, on his birthday Late.Dr.M.A.M.Ramaswamy Chettiar transferred all his movable properties in favour of the private trust, Late.Dr.M.A.M.RamaswamyChettiar trust by oral gift in the presence of Mr.V.Jayaraman & Mr.K.Muthuvellayan. The gift was duly accepted and acted upon.

16. As stated above Late.Dr.M.A.M.Ramaswamy Chettiar passed away on 02.12.2015 and upon his demise as per clause 9(iii) of the Private Trust deed dated 16.02.2015 of Late.Dr.M.A.M.Ramaswamy Chettiar trust, all the assets of the said trust got automatically vested to Dr.M.A.M.Ramaswamy Chettiar of Chettinad Charitable Trust, (the Applicant trust).

17. Later Late.Mr.M.A.M.Ramaswamy owned about 70 Race horses. He was also the Chairman of the 1stRespondent for a long number of years. He was renowned for his race horses all over India and even internationally. Late.Mr.M.A.M.Ramaswamy had appointed his horse Trainer one Mr.R.Foley as his agent empowering him to do several acts on his behalf Late.Mr.M.A.M.Ramaswamy had included a specific clause to the following effect that Mr.R.Foley was empowered to buy and sell and transfer horses on his behalf. This authority dt.1.4.2008 was registered as Sl.No.682 on the file of the 2nd Respondent. The said form of authority is filed herewith as Doct.No.6.

18. Mr.R.Foley has been acting on behalf of Late.Dr. M.A.M. Ramaswamy in all transactions including transfer of horses in the Madras Race Club. The 2ndRespondent , who was one of the committee Members of the Madras Race Club till 2014 is well aware of the above authorization/power issued by Late.Dr.M.A.M.Ramaswamy in favour of Mr.R.Foley. Late.Dr.M.A.M.Ramaswamy was the Chairman of the Madras Race Club (ie) the 1stRespondent till December 2015 and till then from 01/04/2008 R.Foley was acting as his power agent and transferring horses in his name to others and the same was also accepted and acted upon by the Madras Race Club and its Committee of Stewards. The power granted by Late.Dr.M.A.M.Ramaswamy to R.Foley continued from 01.04.2008 till the death of Mr.M.A.M.Ramaswamy.

19. It is submitted that the form issued by Madras Race Club for appointment of a trainer as an agent specifies that in case the power given should include the authorization to buy, sell, transfer etc., such a clause should be included in the application. Therefore such clause was included by typewriting on 1/4/2008 itself and duly attested and signed by Late.Dr. M A M Ramaswamy.

20. The horses belonging to Late.Dr.M.A.M.Ramaswamy were transferred to a private trust (i.e.) Late.Dr.M.A.M. Ramaswamy Chettiar Trust on 16.11.2015.as per the instructions of Late.Dr.M.A.M.Ramaswamy the said transfer was effected by Mr.R.Foley who is the authorised agent of Late.Dr.M.A.M.Ramaswamy. The said transfer was made only in favour of private trust of which Late.Dr. M.A.M. Ramaswamy was the sole beneficiary. The transfer was duly approved by the Committee of Stewards of the 1stRespondent on 18.11.2015.

21. Late.Dr.M.A.M.Ramaswamy himself had ordained that after his death all the properties of the private trust will vest with Public Trust. Clause 9(3) of the deed of Private Trust (document number 61 of 2015) which clearly held as follows:
“After the life time of the settlor, the properties of this Trust would go to Dr. M.A.M. Ramswamy Chettiar of Chettinad Charitable Trust, a charitable Trust registered under document no. 51 of 2015 dated 09/02/2015 in the office of the Sub-Registrar, Mylapore”

22. This document having been already accepted by the Committee of Stewards of the 2nd Respondent while transferring the horses to the private trust, on the death of Late.Mr.M.A.M.Ramaswamy the horses which were held by the private trust were automatically transferred to public trust as ordained by clause 9(3) of the deed of the private trust, which was already accepted by the Committee of Stewards. Therefore on the death of Late. Mr.M.A.M.Ramaswamy on 02.12.2015 all the horses which were owned by the Private Trust were transferred to the Public Trust immediately. Thereafter all the horses of Late. Mr.M.A.M.Ramaswamy have been recorded as the horses of the Applicant trust and have been participating in the horses races held by the 1stRespondent . Following the same procedure the horses of Late.Mr.M.A.M.Ramaswamy have been registered as the horses of the Applicant trust and been participating in races allover India and have been approved as such by all the turf authorities recognized in India. It is further submitted that after the death of Dr.M.A.M.Ramaswamy as stated above the horses held by him have all been transferred to the plaintiff trust and they have been participating in the races of the 1st defendant and all races in India they have been winning in the aforesaid races. The income reaped by such horses have been used by the plaintiff trust for fulfilling its objectives the income from such races.

23. I further submitted that as on date barring about 5 horses that were originally given by Mr.M.A.M.Ramaswamy all others have become old and have retired from racing and have been duly disposed. Subsequent horses have been bought and duly transferred to the plaintiff trust and registered in the name of the plaintiff trust with the 1st defendant.

24. After the death of Late.Mr.M.A.M.Ramaswamy the 2nd Respondent under the nomenclature and guise of his adopted son has been attempting to usurp all the properties which were vested with and bequeathed to the Applicant Trust.

25. The trustee of the Applicant trust one Dr.A.C.Muthiah who is an Industrialist and Businessman of great repute and prominence and the 1st cousin of Late. Mr. M.A.M.Ramaswamy became the trustee of the Applicant trust on the mandate of Late.Mr.M.A.M.Ramaswamy. Thus the 2nd Respondent got enimical towards the said trustee of the Applicant trust.

26. On 20th November 2019, the 2nd Respondent became the Chairman of the 1st Respondent 9 out of 12 elected committee members are the supporters of the 2nd Respondent and his men. With the strength of this brute majority in the committee of the 1st Respondent and emboldened by his own position as the Chairman of the 1st Respondent presented a malafide and motivated representation dt.17.12.2019 to the Secretary of the 1st Respondent . (This representation is filed as Plaint Doct. No.7).

27. In the above representation the 2ndRespondent had falsely alleged that the Applicant trust and the private trust were unfounded and that Late.Mr.M.A.M.Ramaswamy was not stable in the fag end of his life and that using the same some persons had attempted to grab his assets and that the horses belonging to Late.Mr.M.A.M.Ramaswamy were unauthorisedly and unlawfully transferred to the private trust by adopting fraud and forgery and that on the death of Late.Mr.M.A.M.Ramaswamy his horses were transferred to the Applicant trust and that the above transfers were not approved by the Stewards Committee of the 1stRespondent and were violative of the byelaws of the 1stRespondent and that there transfers had happened with the collusion of the previous Secretary of the 1stRespondent and that the issue of the trusts were subjudice in this Hon`ble Court and that the racing jersey with Gold Brown belt color used by Late.Mr.M.A.M.Ramaswamy was unlawfully allotted to the Applicant trust in violation of the rules and that he was the adopted son and legal heir of the Late.Mr.M.A.M.Ramaswamy. He had requested the committee members and the Stewards to form an enquiry commission and investigate the matter.

28. The 2ndRespondent had sought the following reliefs in his representation dt. 17.12.2019.

1. To form a Commission and enquire into the issue and thereby take action to strike down the transfer of ownership of all the horses transferred from my father’s name in favour of the Private Trust and thereafter the subsequent transfer to Public Trust as illegal, arbitrary and opposed to law.

2. After, striking down the illegal transfer, I request the Panel of members to effectuate the transfer of all the horses standing in my father’s name including the horses standing in different Turf/Race Clubs to my name (M.A.M.R.Muthiah) as I am the only sole surviving legal heir of my father. I also abide to give any undertaking in favour of the club for effecting such transfer in accordance with law.

3. To allot me to use the colour of Jersey used by my father during the racing after restricting Mr.A.C.Muthiah from using the same colour. I will separately apply for usage of the Gold Brown Belt Jersey colour used by my father for consideration of the steward committee as per the racing rules.
4. To direct the Private Trust and Public Trust (not qualified under law) to furnish accounts of the income earned out of the horses from the date of transfer to till date before the Committee/Commission and further direct the Trusts (Private and Public) to remit the income earned out of the horses owned by the father even prior to his death i.e., from the date of transfer to till date, into my account.

5. In the interregnum, I request the Committee/Commission to stop the horses allegedly owned by the Public Trust, which was originally belonging to my father from participating in the racing, since none of the horses have valid license as on today duly approved by the Steward Committee.

6. I also request the Committee of Management to stop Dr.M.A.M.Ramaswamy Chettiar of Chettinad Charitable Trust for running horses as they don’t have proper approval from Stewards Committee for being a owner at MRC.

Please place my representation before the Panel of Committee Members of the Madras Race Club for their kind indulgence into the above issue and to render the relief in accordance with the rules of racing and prevailing law.

29. I submit that the Secretary of the 1stRespondent gave a copy of the 2ndRespondent representation dt.17.12.2019 to Mr.A.C.Muthiah the trustee of the Applicant trust in the committee meeting and the 1stRespondent on 19.12.2019. No other notice was sent to the Applicant trust or its trustee. No date was specified. No. hearing date was fixed. The Applicant trust was not asked to attend any enquiry regarding the above representation of the 2ndRespondent . The trustee of the Applicant learns that there was no enquiry or sitting of any committee for the said purpose or enquiry. Since days passed in this statement a reply was made ready by the Applicant and the same was sent by email to the Secretary of the 1stRespondent by email and a hardcopy of the same was despatched to the above Secretary on 27.12.2019 at 4.01 p.m. The copy of the reply is filed as doct. No.8.

30. To the surprise and shock of the Applicant ’s trustee at 4.20 p.m. on 27.12.2019 the staff of the 1stRespondent served an order of the Stewards Committee on the former. (The copy of the same is filed herewith as Doct. No. 9). The said order is dt.26.12.2019. The said order clearly reveals that no notice was given to the Applicant nor was any reply called for from it. It is stated that on the perusal of the 1st Respondent’s complaint dt.17.12.2019 by the Stewards Committee on a prima facie enquiry by the Stewards of the 1stRespondent (Respondent s 3 to 7) it was prima facie revealed that the Applicant has neither registered its ownership nor the usage of racing colors, as mandated by the rules of the 1stRespondent . The order also holds that in the absence of registration there was prima facie violation of the rules and as an interim measure pending a full enquiry in keeping with the resolution by the Stewards in meeting dt.26.12.2019 it was directed as follows:-

a. The Trust shall apply to the Madras Race Club for ownership/usage of racing colour in the appropriate form, with the necessary supporting documents and fee.
b. The Trust is ineligible to race the horses pending registration of ownership.
c. The Trust is ineligible to use the racing colours pending registration.
d. All entry of horses by the Trust made as on today stands cancelled.

31. The order further stipulates that if aggrieved by the said order the Applicant can file an appeal to the board of appeal.

32. The Applicant submits that the above order is totally erroneous, arbitrary, unlawful, unfair, unreasonable, illegal, malafide, biased, predetermined and unsustainable. The said order is bad in law since no reply was sought from the Applicant and without any notice to the Applicant an alleged enquiry has been conducted and an adverse order with due and damning consequences has been passed in the absence of the Applicant and without any opportunity or notice to the Applicant .

33. It is submitted that the finding of the Stewards Committee that the trust has neither registered its ownership nor the usage of the racing colors is perverse, biased, wrong and false. All the horses of the Applicant trust are registered with the 1stRespondent .

34. It is submitted that all the racing horses registered with the 1st Respondent and owned by Late.Mr.M.A.M.Ramaswamy were transferred to the Private Trust through Late Mr.M.A.M.Ramaswamy’s authorised agent Mr.R.Foley on 16.11.2015. Later on the death of Mr.M.A.M.Ramaswamy all the horses were transferred from the Private Trust to the Applicant trust. All there transfers were done with the approval of the Stewards Committee as per the rules of the 1stRespondent . All the necessary transfer charges were paid and collected by the 1stRespondent .

35. It is submitted that the Gold Brown Colour Belt was transferred to the Private Trust on 16.11.2015 and to the Applicant trust on 07.12.2015 as per the rules of the 1stRespondent on payment of appropriate charges. The applications made for this purpose are filed herewith as Plaint doct. Nos. 10 & 11 respectively. Since 2015 November the horses are maintained by the 1st respondent at the cost of the applicant and charges are recovered by the 1st respondent from the applicant.

36. The Applicant trust has offered to sponsor the Late.Dr.M.A.M.Ramaswamy Memorial Gold Cup at a cost of Rs.5 lakhs (Five Lakhs only) and the same was accepted by the 1stRespondent and the cup was hoisted. If the Applicant trust had not been registered with the 1st Respondent this wouldn’t have happened. The letter of the Applicant trust dt.14.1.2016 offering to sponsor the above Gold Cup is filed as Plaint doct. No.12. Therefore it cannot be contended that the Applicant is not registered with the 1stRespondent at all.

37. After the demise of Late.Mr.M.A.M.Ramaswamy his dues to the 1stRespondent was calculated at 3.37 crores by the later. These dues were settled by the Applicant . The letter dt.30.08.2016 proof thereof is filed as Plaint doct. No.13.

38. The 1stRespondent had collected entry fees from the Applicant trust for the horses of the Applicant trust entered for the classic races in 2016/2017. This would not have been done had the Applicant trust and its horses had not been registered with the 1stRespondent . The letter dt.28.8.2016 written by the Secretary of the 1st Respondent in this regard in Plaint doct. No.14.

39. The Applicant trust has been corresponding with the 1st Respondent on a host of issues regarding horses as a registered owner of horses. The Applicant ’s letters dt.4/12/2017, 30/1/2018, 23/3/2018, filed as Plaint doct. Nos. 15, 16 & 17. The reply of the 1st Respondent dt.24.03.2018 sent to the Applicant in Plaint doct. No.18.

40. The letter dt.18.11.2015 written by the 1st Respondent acknowledging the Private Trust as owner of the horses and the trust as an approved owner is filed as Plait doct.No.19.

41. The Applicant trust had purchased most of the horses presently owned by it and got the transfer in its name registered with the 1stRespondent . The transfer forms which were duly approved and accepted by the 1st Respondent since 2016 are filed as Plaint docts Nos. 20 to 87.

42. The statement of account of the Applicant trust on the books of the 1stRespondent showing the Applicant trust being an approved owner under the 1stRespondent and acceptance of payments from the former by the later in connection with horses registered in its name since 2015 till 2019 are filed as Plaint docts. Nos. 88, 89, 90 & 91 respectively.

43. The Applicant submits that when the 1stRespondent had been treating the Applicant as an approved owner and accepting payments the Stewards Committee cannot without an enquiry hold that the Applicant trust has not registered its ownership nor than usage of the colors as mandated by the rules of the racing club. The finding is erroneous, false and wrong.

44. The Applicant states that it owns about 70 horses under the 1stRespondent which have been registered as the horses of this Applicant . Out of this only about 5 horses have been transferred from Late.Mr.M.A.M.Ramaswamy to the Private Trust and from the later to the Applicant trust. The rest of the horses are purchased by the Applicant trust in its own name and the transfer has been registered with the 1stRespondent and the Applicant trust has paid the transfer and all other charges applicable to those horses and kept them in the custody of the 1stRespondent. The 2ndRespondent’s complaint/representation does not deal with or relate to these horses independently purchased by the Applicant in its own name. The Stewards Committee has exceeded the scope of the complaint and without any genuine enquiry or application of mind barred these independently purchased horses from participating in races by a blanket order. I further submit that the horses are participating this current season are purchased by the applicant trust and duly registered by the 1st respondent none of the horses are transferred from Dr.M.A.M.Ramasamy to private trust then applicant trust this shows that the Stewards Committee which has been constituted by the 2nd Respondent and his team of committee members of the 1stRespondent out of the total 12 committee members is dancing to the tune of the 2nd Respondent without any bonafides and is biased against the trustee of the Applicant . The trustee of the Applicant Dr.A.C.Muthiah is also a committee member but with a minority team. The whole controversy is created due to the avarice of the 2nd Respondent to seize the assets of Late.Mr.M.A.M.Ramaswamy and the animosity he entertains against the Applicant ’s trustee Dr.A.C.Muthiah.

45. The Applicant submit that the Stewards Committee of the 1stRespondent has passed the order dt.26.12.2019 and served it at 4.20 p.m. on 27.12.2019 mainly to prevent the participation of the horses belonging to the Applicant trust in the races to be held by the 1stRespondent at Chennai. on 01.01.2020, 02.01.2020, 08.11.2020, 14.01.2020, 15.01.2020, 22.01.2020, 23.01.2020, 29.01.2020, 07.02.2020, 08.02.2020, 13.02.2020, 14.02.2020, 23.02.2020, 07.03.2020, 08.03.2020, 13.03.2020 & 15.03.2020.

46. The Applicant submits that it has filed an appeal before the Board of Appeal of the 1stRespondent on 28.12.2019. The copy of the appeal and the proof of its submission are filed as Doct. No. 92. The Applicant submits that the Board of Appeal is also filled with men of the 2nd Respondent. Therefore the Applicant has no option but to approach this Hon`ble Court, as the appeal proceedings are bound to be fiasco and the 1st respondent is conducting an illegal enquiry.

47. The Applicant filed this appeal without prejudice to its rights to challenge the order dt.26.12.2019 of the Stewards Committee. The Applicant had also prayed for an interim stay of the order. However the same has not been entertained. Though the applicant filed the appeal and sought a stay of the impugned order the 1st respondent posted the appeal for hearing on 01.01.2020 at 6 pm (doc.No.93) and has refused to permit entrance to the applicant’s horses for the races commencing from 01.01.2020. Therefore the applicant filed this suit.

48. The applicant filed the following applications in the above suit.
O.A.No.1194/2019
a. pass an order of temporary injunction restraining the respondents 1 to 7 /Defendants 1 to 7 their men, agent, employees and any one claiming under or through them from in any manner prohibiting or preventing the Applicant/Plaintiff from taking out any of its horses from the premises of the 1st Respondent/1st Defendant if it is deemed fit by the applicant pending disposal of the above suit.

A.No.9891/2019
b. pass an order directing the respondents 1 to 7/defendants 1 to 7 permit all the horses of the applicant/plaintiff to enter and participate in the races conducted by the 1st respondent/1st defendant at Chennai from 1.1.2020 onwards pending disposal of the above suit.
A.No.9890/2019
c. pass an order directing the respondents 1 to 7 / defendants 1 to 7 permit the applicant/plaintiff to pay necessary entry fee and make entries to enter classic races 2020-2021 Season conducted by the 1st respondent/1st defendant at Chennai pending disposal of the above suit.
O.A.No.1195/2019
d. pass an order of interim injunction restraining the respondents 1 to 7 / defendants 1 to 7 their men, agents, servants, and anyone acting under or through them from in any manner enforcing the order dated 26.12.2019 of its stewards committee against the applicant/plaintiff trust pending disposal of the above suit.

49. This Hon`ble Court after hearing the applicant and the respondents 1 to 7 by order dt.10.01.2020 passed the following operative order in the above applications.

“Therefore, these Applications are allowed on the following terms pending disposal of the suit.
I. The Applicant shall not be prevented, directly or indirectly, from fielding the horses procured directly by and owned by the Applicant in races conducted by the first respondent on the basis of the order dated 26.12.2019 of the stewards committee or otherwise:-
II. The first respondent shall collect the necessary entry and other fees so as to enable the participation of the horses of the applicant in the classic races conducted by it for the 202 – 2021 season.
III. The applicant shall not be prevented from taking its horses from the custody of the first respondent for the purpose of participating in other races subject to necessary compliances, in that regards, as per the Rules of the first respondent.
IV. The applicant shall not filed any horses that were originally owned by the late Dr.M.A.M.Ramaswamy in any of the races of the first respondent.
V. The applicant shall not be prevented from using the gold brown colour racing jersey.”
50. From the date of the order the horses of the applicant have been participating in the races of the 1st respondent and they have won several Trophies and prizes. The applicant trust has been given the award of ‘Champion owner’ of the current year (for the whole of India). In fact it is the 4th consecutive year the applicant is winning this award. As stated above the horses of the applicant have won several trophies and prizes in the races held from Jan 2020 to March 2020.the applicant submits that in order to continue its racing stock of horses and replenish its team the applicant has purchased several new 2 year old horses. The trainers of the applicant Mr.Robert Foley and Mr.Suresh sent email to the 1st respondent and further gave letters on 13.02.2020 to the CEO/Secretary of the 1st respondent accompanied by all the requisite documents seeking permission for two; 2 years old horses each (ie 4 intoto) to enter the Madras Race Club under their charge. However no permission was granted. The passport and sale forms of the 4 horses were submitted to the 1st respondent and received by it on 13.02.2020.
51. It is submitted however the 1st respondent even after receiving the forms did not take any action whatsoever. Permission to enter was also not granted for the four, 2 years old horses stated above.
52. On 19.02.2020 the applicant sent an email to the Senior Stipendiary Steward of the Madras Race Club complaining about the non-registration of the horses and the refusalof permission to enter the Madras Race Club for the 4 horses stated above. The applicant also sought the reason for such refusal while it was granted to so many others.
53. Even thereafter there was no response from the 1st respondent. Another email was sent by the applicant to the Senior Stipendiary Steward reminding him about the earlier email. This also evoked no response.
54. The applicant sent another email to the CEO/Secretary of the MRC complaining about the inaction on the applications submitted by the applicant and pointing out that such permissions were freely granted to others. The applicant also drew the attention of the 1st respondent to the orders of this Hon`ble Court in O.A.Nos. 1194, 1195 and A Nos. 9890 and 9891/2019 in C.S.No.737/2019. The applicant also pointed out to the 1st respondent that such conduct was malafide. It called upon the 1st respondent to take a decision on its applications with 7 days of receipt of the email and threatened to take recourse to legal remedies.
55. The CEO/Secretary of the 1st respondent sent an email dt.03.03.2020 to the applicant stating that the matter will be placed before the stewards of the MRC for consideration on 7.03.2020 and that the result will be communicated to the applicant on that day.
56. On 09.03.2020 the CEO/Secretary of the 1st respondent sent an email to the applicant stating that the case of the applicant was placed before the stewards of MRC at the meeting on 07.03.2020 and that they could not proceed since the matter is subjudice.
57. The applicant submits that the above conduct of the 1st respondent and its stewards is improper and unlawful. The order dt.10.01.2020 in the application Nos. OA No.1194 & 1195/2019 and A Nos. 9890 & 9891/2019 in C.S.No.737/2019 of this Hon`ble Court is clearly in favour of the applicant. That being so the 1strespondent who has not challenged the above order and who has complied with the said order and permitted all the horses of the 1st applicant to participate in the races from January 2020 to March 2020 cannot now take a stand that they will not register new horses in the name of the applicant and grant permission for them to enter MRC for training. .
58. The applicant will be greatly and irreparably prejudiced if it is not able to induct fresh 2 year old horses to its team. The act of the 1st respondent and respondents 2 to 7 in withholding registration and permission to the new horses of the 1st applicant is arbitrary, unreasonable and illegal.

59. The balance of convenience is in favour of the applicant. The applicant has a strong prima facie case.

60. Hence it is prayed that this Hon`ble Court may be pleased to pass an order directing the respondents 1 to 7 to register the transfer of the two years old horses under mentioned in the name of the applicant and grant them entry permission into Madras Race Club premises for training by the authorized trainers pending disposal of the above suit.
SL. NO. HORSE NAME TRAINER NAME
1. PLANTAIRE/AAHAYGRAN B.C. (2 YEARS OLD) R.FOLEY
2. PLANTAIRE/OCEAN QUEEN B.C. (2 YEARS OLD) R.FOLEY
3. PLANETAIRE – SWAN MAIDEN B.C. (2 YEARS OLD) B.SURESH
4. PLANETAIRE – RUBY QUEEN B.F. (2 YEARS OLD) B.SURESH

61. It is further prayed that this Hon`ble Court may be pleased to pass an order directing the respondents 1 to 7 to register new horses acquired by the applicant and grant them permission for entering Madras Race Club and undertaking training pending disposal of the above suit and pass such further or other orders as may be deemed fit and proper in the circumstances of this case and thus render justice.

Solemnly affirmed at Chennai BEFORE ME,
this day of March, 2020
and signed his name in my presence.

ADVOCATE, CHENNAI