Post by Bill Cox on Aug 30, 2004 10:54:18 GMT -5
Below is an e-mail I received that tells some of the problem with the Unification of the 2 WAF's. . Long letter but please read it all!!
Dear Mr. Fred Roy, President, World Armwrestling Federation.
Thanks for your prompt reply. I would like to explain in brief about the Ad-interim Injunction order (Summons by Post) received from the Court of Law (Barij Baran Das & A. V. Vikraman both together filed the Suit) as follows: - I.A.W.F Vs B. K. Chanda.
HIGH COURT FORM NO.(P) 18 . TEMPORARY INJUNCTION.
The Defendant / OP as alleged direction is given to the extent that the Defendant/OP and its Associates are restrained by an order of ad-interim injunction from holding, organizing any championship in the name of petitioner No.1 including using letter head, vouchers and other papers and/or representing themselves to be the office bearer of petitioner No.1 before any organization in the International level or in India and/or receive any money from any subscriber, donor and other person for and on behalf of the Petitioner No.1 till 24.09.2004. Dated this 26th day of August 2004.
Sd/-
JUDGE.
Notice to Show Cause.
In the court of the City Civil Court at Calcutta T. Suit No.1154 of 2004.
I.A.W.Fedn. (Applicant)
Versus
Bimal Kumar Chanda , Opposite Party.
You are hereby warned to appear in this court in person or by a pleader duly instructed within 15 days of receipt at 10.30 o’clock in the forenoon to show cause against the application failing wherein, the said application will be heard and determined ex-party.
Given under my hand seal of the court this 26th day of August, 2004.
Sd/-
Judge.
In this connection I would like to inform you all that as you know, I, being President of Indian Armwrestling Federation was de-recognized by Asian Armsport Federation on the plea that I have misbehaved and used intemperate language to Mr. Yao Ang, President of Asian Armsport Federation. The reason being – I was ordered by Mr. Yao Ang to remove our General Secretary from our federation, who was duly elected G. S. by the general body members. But I gave a reply to Mr. Ang that the said G. S. has been elected by the members in G. B. Meeting democratically and if at all he has to be removed, the decision to be taken in the next G. B. Meeting which was due within 2 months from the date of receipt of Mr. Yao Ang’s order. But Mr. B. B. Das and Mr. Ang forced me to take action against the said G. S, but I haven’t. Thereafter I wrote to Mr. Ang in reply that our Indian Armwrestling Federation is a democratic organization and all E. C. members are elected democratically. We are having our Governing Body Members to take decision not by any individual member whether he is holding the post of President or GS and the IAF is
“Nobodies Paternal Property to take any decision as per his/her will and whims”. These were the words I wrote, nothing else. Nobody’s paternal property includes myself also (it is a general terms). So my intention was not to HURT anybody but to explain my motive.
Thereafter Mr. B.B. Das has formed a parallel body named as Indian Armwrestling Federation claiming that he and his associates belongs to original IAF, when the maximum nos. of old E.C. Members of IAF remains with me, having full confidence on me and opined that I should continue for the full terms as President-IAF, and we are submitting the Annual returns and Audited accounts of IAF to the Registration authority.
Now my question is – (1). Whether the Asian body of any organization could take such decision on the Chief Executive of any country, Vice-President of Asian Federation and Senior Deputy Director of Referees- WAF, without giving any notice/Show cause or without holding any meeting or giving chance to explain before the disciplinary committee under what circumstances the Defendant was compelled to write such word.
(2). Whether the General Secretary or President of Asian or World Federation could interfere in the administration of any National Federation and dictate whom to be elected or selected or whom to be removed as per their will & whims, without caring the democratic norms. (3). Whether the General Secretary of Asian Federation could instruct in writing to any member of any country to act as General Secretary of the said country and select (undemocratically) the names of the Executive Committee of Indian Armwrestling Federation without holding any G. B. Meeting or without any consent in writing from the Executive committee members, when the General Secretary of Asian Federation is not holding any post of Office Bearers of IAF. Please note that most of the members whose names have been selected by B. B. Das to act as Office Bearers of Indian A. F. have in writing protested the undemocratic decision of B. B. Das and took decision in their G. B. Meeting (excepting 4 - 5 members) to support myself, having full confidence on me and allowed me to continue as President, IAF till the end of present terms up to December 2005.
I have already passed on the copy of Injunction order to all my executive committee members and General body members for their suggestion and comments.
Please note that in our general body meeting it has been resolved unanimously to debar Mr. A. V. Vikraman,( whom B. B. Das has selected as General Secretary, IAF) and not to recognize B. B. Das and not to join any championship conducting by B. B. Das and his associates. Our E.C. members including myself are conducting the Audit of our receipts and payments accounts, Balance Sheet by the authorized Chartered Accountants and submitting to the Registration authority every year under my signature. It was also decided by the bona fide E. C. Members of IAF to change the address of our old registered office from 63, Sarat Bose Road, Calcutta-700025 (The house of B. B. Das) to 24/3, P. Mazumder Road, Kolkata-700078. Accordingly the application, duly signed by all E. C. Members, was submitted to the Registration Authority and they have accorded permission to change the address and we have followed the instruction given by them.
You know that few days back I was served with Advocate’s Legal Notice and due reply was given by me. Now I have been served Summons by the Court to appear before the Court. Please note I have already conducted the 28th Senior National Armwrestling Championship from 22nd to 25th August, 2004, before receiving their injunction order and conducted the selection trial for 26th World Armwrestling Championship to be held in South Africa. They have served the Summons on 25th August,04( which has been received by me on 27th August, 04) because our championship was scheduled to be held on 27th, 28th and 29th August. But due to some unavoidable circumstances we were compelled to change the date and the same was not reached to B. B. Das and party..
Pl. note that Mr. B.B. Das was General Secretary of Asian Armsport Federation and General Secretary of World Armsport Federation and our Indian Armwrestling Federation is affiliated to Asian Armwrestling Federation and World Armwrestling Federatrion. So we have nothing to do with Armsport Federation. Now he has made his elder daughter as General Secretary of Asian Armsport Federation and younger daughter as General Secretary of European Armsport Federation and Father is the General Secretary of World Armsport Federation. That means nobody from any nation is competent enough to hold such posts, other than his daughters. Mr. Das is also taking the advantages of holding the key posts and the members of state units of our country, who all are presently associates with him, were afraid of him because they thought they will not be allowed to participate in the Worlds and Asian championships, if they are not associates with him. But we have already recognized by the Asian and World Armwrestling Federation and we could participate in Asians & Worlds without Mr. Das’s help.
Mr. Das has tried his level best to get the registration certificate, Audited reports and Annual returns from the registration authority and from the Auditor, but failed. Now he has filed a suit against me mentioning that I am illegally using the name of Indian Armwrestling Federation.
Hope you have got the clear picture which I have tried to place before you. Awaiting your early guidelines, suggestions and comments. I have to explain everything to my Advocate to get his guidance and present himself before the court on my behalf by 9th September, 2004.
With regards,
Bimal Kumar Chanda
President, Indian Armwrestling Federation,
Vice-President, Asian Armwrestling Federation.
Dear Mr. Fred Roy, President, World Armwrestling Federation.
Thanks for your prompt reply. I would like to explain in brief about the Ad-interim Injunction order (Summons by Post) received from the Court of Law (Barij Baran Das & A. V. Vikraman both together filed the Suit) as follows: - I.A.W.F Vs B. K. Chanda.
HIGH COURT FORM NO.(P) 18 . TEMPORARY INJUNCTION.
The Defendant / OP as alleged direction is given to the extent that the Defendant/OP and its Associates are restrained by an order of ad-interim injunction from holding, organizing any championship in the name of petitioner No.1 including using letter head, vouchers and other papers and/or representing themselves to be the office bearer of petitioner No.1 before any organization in the International level or in India and/or receive any money from any subscriber, donor and other person for and on behalf of the Petitioner No.1 till 24.09.2004. Dated this 26th day of August 2004.
Sd/-
JUDGE.
Notice to Show Cause.
In the court of the City Civil Court at Calcutta T. Suit No.1154 of 2004.
I.A.W.Fedn. (Applicant)
Versus
Bimal Kumar Chanda , Opposite Party.
You are hereby warned to appear in this court in person or by a pleader duly instructed within 15 days of receipt at 10.30 o’clock in the forenoon to show cause against the application failing wherein, the said application will be heard and determined ex-party.
Given under my hand seal of the court this 26th day of August, 2004.
Sd/-
Judge.
In this connection I would like to inform you all that as you know, I, being President of Indian Armwrestling Federation was de-recognized by Asian Armsport Federation on the plea that I have misbehaved and used intemperate language to Mr. Yao Ang, President of Asian Armsport Federation. The reason being – I was ordered by Mr. Yao Ang to remove our General Secretary from our federation, who was duly elected G. S. by the general body members. But I gave a reply to Mr. Ang that the said G. S. has been elected by the members in G. B. Meeting democratically and if at all he has to be removed, the decision to be taken in the next G. B. Meeting which was due within 2 months from the date of receipt of Mr. Yao Ang’s order. But Mr. B. B. Das and Mr. Ang forced me to take action against the said G. S, but I haven’t. Thereafter I wrote to Mr. Ang in reply that our Indian Armwrestling Federation is a democratic organization and all E. C. members are elected democratically. We are having our Governing Body Members to take decision not by any individual member whether he is holding the post of President or GS and the IAF is
“Nobodies Paternal Property to take any decision as per his/her will and whims”. These were the words I wrote, nothing else. Nobody’s paternal property includes myself also (it is a general terms). So my intention was not to HURT anybody but to explain my motive.
Thereafter Mr. B.B. Das has formed a parallel body named as Indian Armwrestling Federation claiming that he and his associates belongs to original IAF, when the maximum nos. of old E.C. Members of IAF remains with me, having full confidence on me and opined that I should continue for the full terms as President-IAF, and we are submitting the Annual returns and Audited accounts of IAF to the Registration authority.
Now my question is – (1). Whether the Asian body of any organization could take such decision on the Chief Executive of any country, Vice-President of Asian Federation and Senior Deputy Director of Referees- WAF, without giving any notice/Show cause or without holding any meeting or giving chance to explain before the disciplinary committee under what circumstances the Defendant was compelled to write such word.
(2). Whether the General Secretary or President of Asian or World Federation could interfere in the administration of any National Federation and dictate whom to be elected or selected or whom to be removed as per their will & whims, without caring the democratic norms. (3). Whether the General Secretary of Asian Federation could instruct in writing to any member of any country to act as General Secretary of the said country and select (undemocratically) the names of the Executive Committee of Indian Armwrestling Federation without holding any G. B. Meeting or without any consent in writing from the Executive committee members, when the General Secretary of Asian Federation is not holding any post of Office Bearers of IAF. Please note that most of the members whose names have been selected by B. B. Das to act as Office Bearers of Indian A. F. have in writing protested the undemocratic decision of B. B. Das and took decision in their G. B. Meeting (excepting 4 - 5 members) to support myself, having full confidence on me and allowed me to continue as President, IAF till the end of present terms up to December 2005.
I have already passed on the copy of Injunction order to all my executive committee members and General body members for their suggestion and comments.
Please note that in our general body meeting it has been resolved unanimously to debar Mr. A. V. Vikraman,( whom B. B. Das has selected as General Secretary, IAF) and not to recognize B. B. Das and not to join any championship conducting by B. B. Das and his associates. Our E.C. members including myself are conducting the Audit of our receipts and payments accounts, Balance Sheet by the authorized Chartered Accountants and submitting to the Registration authority every year under my signature. It was also decided by the bona fide E. C. Members of IAF to change the address of our old registered office from 63, Sarat Bose Road, Calcutta-700025 (The house of B. B. Das) to 24/3, P. Mazumder Road, Kolkata-700078. Accordingly the application, duly signed by all E. C. Members, was submitted to the Registration Authority and they have accorded permission to change the address and we have followed the instruction given by them.
You know that few days back I was served with Advocate’s Legal Notice and due reply was given by me. Now I have been served Summons by the Court to appear before the Court. Please note I have already conducted the 28th Senior National Armwrestling Championship from 22nd to 25th August, 2004, before receiving their injunction order and conducted the selection trial for 26th World Armwrestling Championship to be held in South Africa. They have served the Summons on 25th August,04( which has been received by me on 27th August, 04) because our championship was scheduled to be held on 27th, 28th and 29th August. But due to some unavoidable circumstances we were compelled to change the date and the same was not reached to B. B. Das and party..
Pl. note that Mr. B.B. Das was General Secretary of Asian Armsport Federation and General Secretary of World Armsport Federation and our Indian Armwrestling Federation is affiliated to Asian Armwrestling Federation and World Armwrestling Federatrion. So we have nothing to do with Armsport Federation. Now he has made his elder daughter as General Secretary of Asian Armsport Federation and younger daughter as General Secretary of European Armsport Federation and Father is the General Secretary of World Armsport Federation. That means nobody from any nation is competent enough to hold such posts, other than his daughters. Mr. Das is also taking the advantages of holding the key posts and the members of state units of our country, who all are presently associates with him, were afraid of him because they thought they will not be allowed to participate in the Worlds and Asian championships, if they are not associates with him. But we have already recognized by the Asian and World Armwrestling Federation and we could participate in Asians & Worlds without Mr. Das’s help.
Mr. Das has tried his level best to get the registration certificate, Audited reports and Annual returns from the registration authority and from the Auditor, but failed. Now he has filed a suit against me mentioning that I am illegally using the name of Indian Armwrestling Federation.
Hope you have got the clear picture which I have tried to place before you. Awaiting your early guidelines, suggestions and comments. I have to explain everything to my Advocate to get his guidance and present himself before the court on my behalf by 9th September, 2004.
With regards,
Bimal Kumar Chanda
President, Indian Armwrestling Federation,
Vice-President, Asian Armwrestling Federation.