The Madras High Court dismissed a civil suit and closed a connected original application as settled out of court. The plaintiff sought a declaration to void a suspension order and a permanent injunction against the defendant association.
Suit dismissed as settled out of court; Original application closed; Court fee certificate issued for refund.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 07TH DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S.No. 121 of 2018 and O.A.No. 166 of 2018
C.S.No.121 of 2018:- R. Radhakrishnan, Proprietor, M/s. Maruthi Films, No.145, Abusali Street, Saligramam, Chennai – 600 093. ... Plaintiff /Applicant
-Vs-
Tamil Film Producers Council, Rep.by its Secretary, South Indian Film Chambers Compound, No.606, Anna Salai, Chennai – 600 006. ... Defendant/Respondent
Civil Suit praying that this Hon'ble Court be pleased to pass a judgement and Decree against the defendant as follows:-
a) to declare that the resolution dated 29.12.2017 passed by the executive committee of the Defendant Association with reference to the suspension of the plaintiff from the Defendant Association is null and void; https://hcservices.ecourts.gov.in/hcservices/
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b) for a Permanent Injunction restraining the Defendant Association
from in any manner interfere with the membership of the plaintiff by giving
effect to the suspension order dated 29.12.2017 and the privileges and benefits enjoyed by the Plaintiff as guaranteed under the byelaw as a member of the Defendant Association;
c) cost of the suit;
O.A.No. 166 of 2018 :-
Original Application praying that this Hon'ble Court be pleased to grant an ad interim injunction restraining the Respondent Association its, men, servant, agent, etc. from in any manner interfere with the membership of the Applicant by giving effect to the suspension of the Applicant as per the Resolution dated 29.12.2017 and the privileges and benefits enjoyed by
the Applicant as guaranteed under the byelaw as member of the Respondent Association pending disposal of the above suit.
This suit along with the original application coming on this day before this Court for hearing, in the presence of Mr.T.Thyageshwaran, for M/s.Waraon and Sairams, Advocates for the Plaintiff in C.S.No.121 of 2018
and for the Applicant in O.A.No. 166 of 2018 and Mr.Aravind Sreevatsa, https://hcservices.ecourts.gov.in/hcservices/ Advocate for the Defendant in C.S.No. 121 of 2018 and for the Respondent
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in O.A.No. 166 of 2018 and upon reading the Plaint filed in C.S.No. 121 of
2018 and the Judges Summons and the Affidavit of R.Radhakrishnan, filed
in O.A.No. 166 of 2018 and the learned counsel for the Plaintiff having made on endorsement on the plaint stating that “This Suit may be disposed settled out of Court, Court Fee may be refunded in the name of counsel for Plaintiff” to that effect, and this Court doth recording the same,
it is ordered as follows:-
That the Suit in C.S.No.121 of 2018, be and is hereby dismissed as settled out of Court.
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WITNESS THE HON'BLE THIRU MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 07TH DAY OF DECEMBER 2021.
Sd/ASSISTANT REGISTRAR (O.S-I) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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ED
21.12.2021
C.S.No. 121 of 2018 and O.A.No. 166 of 2018
ORDER
DATED : 07.12.2021
THE HON'BLE MR. JUSTICE
ABDUL QUDDHOSE
FOR APPROVAL: 29/12/2021
APPROVED ON : 04/01/2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE
C.S.No.121 of 2018 and O.A.No.166 of 2018
R.Radhakrishnan
... Plaintiff
Vs
Tamil Film Producers Council, Rep by its Secretary, South Indian Film Chambers Compound, No.606, Anna Salai, Chennai 600 006
...Defendant
Plaint under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C praying to pass a judgment and decree against the defendant.
(a) to declare that the resolution dated 29.12.2017 passed by the Executive Committee of the Defendant-Association with reference to the suspension of the plaintiff from the Defendant-Association is null and void; b) for a permanent injunction restraining the Defendant-Association from in any manner interfere with the membership of the plaintiff by giving effect to the Suspension Order dated 29.12.2017 and the privileges and benefits enjoyed by the plaintiff as guaranteed under the byelaw as a member of the Defendant-Association;
c) Cost of the suit;
7 For Plaintiff : Mr.T.Thyageshwaran For Defendant : Mr.Aravind Sreevatsa
JUDGMENT
Mr.T.Thyageshwaran, learned counsel for the plaintiff submits that
the dispute between the plaintiff and the defendant has been settled out of
Court. An endorsement was also made to that effect in the Court bundle. The said statement is recorded.
costs. Consequently, connected application is closed. The Registry is directed to refund the Court fees to the plaintiffs as per Rules.
Sd./- A.Q.J., 07.12.2021.
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
R. Radhakrishnan
Tamil Film Producers Council
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
