Nalini Chindambaram, senior advocate for the petitioner, Sri Thyagaraya Cricket Club, Chennai, said "Justice Mohideen Pitchai had given such an order on the suit filed for the limited purpose to restrain the 75th adjourned Annual General Body Meeting from nominating Jagmohan Dalmiya as BCCI's representative for the meetings of the International Cricket Council."
She explained that the suit's prayer was limited to this purpose only and not for restraining the holding of the meeting being held under the directions of the Supreme Court order of January 10.
According to her, the notice for the January 27th meeting issued by the Board's Secretary clearly stated that the adjourned meeting was convened in terms of the directions of the Supreme Court vide order dated January 10, 2005.
The adjourned part of the 75th Annual General body Meeting of the Board would be held on Thursday, January 27, 2005 at Raj Bengal, Kolkata.
She said the plaintiff had apprehended that "while the nomination of Dalmiya as Patron-in-chief of the Board has already been injuncted by the City Civil Court here at the instance of Bharathi Cricket Club, the January 27th AGM will try to pass a resolution nominating Dalmiya as its representative to attend ICC meetings.
Nalini Chidambaram told PTI that the Supreme Court order had said "however, keeping in view of the fact that the elected office bearers are yet to take over charge, with a view to do complete justice to the parties, we would in exercise of our juristiction under article 142 of the Constitution direct that the adjourned meeting should immediately be convened."
She said as for the elections, the Supreme Court had said "as regard to the election of office bearers of the Board, it would further be open to an aggrieved party to question the legality or validity of the said meeting dated 29th September, 2004."
As for the nomination of Dalmiya as Patron-in-Chief, the Supreme Court order had said, "keeping in view of the fact that interim order of injunction as regard to Item nos.1(b) and 13 has been passed by a District Court at Chennai, the suit filed by Bharathi Cricket Club, we are of the opinion that it is not necessary to pass any other order at this stage as regard invitation to Jagmohan Dalmiya to become the patron-in-chief of the Board.