The High Court dismissed an application filed by an office bearer of two defendant associations seeking deletion of his name from a main civil suit. The court held that since he held office during the relevant period, he was a necessary party.
Application A.No.2246 of 2020 was dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 9TH DAY OF FEBRUARY 2022
THE HON'BLE MR. JUSTICE P.VELMURUGAN
A.No. 2246 of 2020
in
C.S. No.17 of 2019
&
O.A.Nos. 14 to 16 of 2019
&
A.Nos. 113 & 114 of 2019 & A.No. 437 of 2022
C.S. No.17 of 2019:-
T.R.Silambharasan (35), S/o T.Rahjenderr, 6, Masilamani St.,
T.Nagar, Chennai – 600 017.
... Plaintiff / Applicant in O.A.Nos. 14 to 16 of 2019 & A.Nos. 113 & 114 of 2019
-Versus-
1.C.Michael Royappan (50) Prop, Global Infotainment Pvt., Ltd., 76, New G.R.T. Srinivas Apartment, S-2, II Floor, 3rd St., SBI Colony, Virugambakkam, Chennai- 600 092
... Defendants / Respondents in O.A.Nos. 14 to 16 of 2019 & A.Nos. 113 & 114 of 2019
A.No. 437 of 2022:-
Tamil Film Producers Council, Represented by its Honorary Secretary Mr.T.Mannan No.606, Anna Salai, Chennai-600 006 ... Applicant / 2nd Defendant Vs. 1.T.R.Silambharasan S/o T.Rahjenderr, No.6, Masilamani Street, T.Nagar, Chennai – 600 017. ... 1st Respondent / Plaintiff 2.C.Michael Royappan Prop, Global Infotainment Pvt., Ltd., 76, New G.R.T. Srinivas Apartment, S-2, II Floor, 3rd St., SBI Colony, Virugambakkam, Chennai- 600 092 ...2nd Respondent / 1st Defendant 3. The South Indian Artistes Association, Nandu Apartments, 21 Habibullah Rd., https://hcservices.ecourts.gov.in/hcservices/ T. Nagar, Chennai-600 017.
4. Vishal Krishna,
Nandu Apartments, 21 Habibullah Rd, T. Nagar, Chennai-600 017. .. Respondents 3 & 4 / Defendants 3 & 4 A.No. 2246 of 2020:- Vishal Krishna, Nanda Apartments, 21 Habibullah Rd, T. Nagar, Chennai-600 017. ... Applicant / 4th Defendant Vs. 1.T.R.Silambharasan S/o T.Rahjenderr, No.6, Masilamani Street, T.Nagar, Chennai – 600 017. ... Respondent / Plaintiff 2.C.Michael Royappan Prop. Global Infotainment Pvt., Ltd., 76, New G.R.T. Srinivas Apartment, S-2, II Floor, 3rd St., SBI Colony, Virugambakkam, Chennai- 600 092 3.Tamil Film Producers Council, 606, Anna Salai, Chennai – 600 006. by its President Vishal Krishna. 4. The South Indian Artistes Association, Nandu Apartments, 21 Habibullah Rd., T. Nagar, Chennai-600 017, rep. By its General Secretary Mr. Vishal Krishna. ... Respondents / Defendants
https://hcservices.ecourts.gov.in/hcservices/ Application praying that this Hon'ble Court be pleased to delete the name of
the 4th Defendant in the above suit.
This Application coming on this day before this court for hearing, the court
made the following order:-
The fourth defendant in the suit in CS.No.17 of 2019 has filed this application to
delete his name in the suit on the ground that he is not holding the post of President of the 2nd Defendant and the General Secretary of the 3rd Defendant.
applicant/fourth defendant is not holding the post of President of the 2nd Defendant Association and the General Secretary of the 3rd Defendant Association as the new
office bearers took possession of the said posts in view of the subsequent election. He would also submit that the applicant/fourth defendant is not responsible and no way
connected with the suit and hence, his name has to be deleted in the suit.
time of the original transaction, the fourth respondent involved in the transaction and
certain specific allegations were also levelled against him and he is answerable for
the same.
second and third defendants Associations for the relevant period and therefore, he is a
necessary party in the main suit. The applicant/fourth defendant has not made out any
case for deleting his name in the main suit. Accordingly, A.No.2246 of 2020 is
dismissed.
D3 & D4 are directed to file their written statement and also to serve a copy of
the same well in advance on the counsel for the plaintiff and the counsel for the
contesting defendants, if any.
Sd./-PVJ.
09/02/2022
//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.
EVK 16/02/2022
1 issue framed by the court
Whether the applicant, who was an office bearer of the defendant associations during the relevant period, is a necessary party and his name must remain in the suit despite subsequent change in office
Vishal Krishna
T.R.Silambharasan
C.Michael Royappan
Tamil Film Producers Council
The South Indian Artists Association
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
