Himachal Pradesh Cricket Association (HPCA) has once again filed a reply to the latest notice issued by HP Registrar of Co-operative Society reiterating that HPCA is a company registered under Companies Act and Registrar of Society has no adjudicatory powers over the cricket association.
“While passing the order dated October 28, 2013, the Registrar of Society has upheld the preliminary objections of the HPCA wherein, the association has contended that HPCA is a company registered under the provisions of the Section 25 of the Companies Act, 1956 and Registrar does not have any adjudicatory powers or quasi judicial powers over the HPCA,” said the reply filed by Vishal Marwaha, Secretary HPCA.
The reply stated that the Registrar of Societies under the garb of exercising non-existent powers under the Societies Act cannot disregard the binding statutory provisions of the Companies Act, 1956, a central enactment and a special law governing the existence of the Company.
The HPCA stated that the recent notice does not even merit a reply. “The notice has led to utter confusion on the purport and intent of your alleged notice under reply. The notice under reply is therefore, not issued in accordance with law and is defective and does not merit a reply,” said HPCA.
The cricket association alleged, “Having given a categorical finding about the legal status of the Company, it seems that the present alleged notice is an attempt on your (registrar) part to review the order dated October 28, 2013. Such review of the order is impermissible and without jurisdiction and is a mala-fide act on your part,” said HPCA.
The association also cited recent ruling of Himachal Pradesh High Court which had restricted the Registrar from issuing any final orders till orders are passed by the High Court itself and demanded that notice in question does not survive and would be rendered otiose and liable to be withdrawn with immediate effect, in the interest of justice.