Suit challenging a circular convening the 77th Annual General Meeting of a film trade association contrary to its Memorandum of Association and the Tamil Nadu Societies Registration Act. Plaintiff's counsel reported no instructions; the suit was dismissed for default and the connected application closed.
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C.S.No.12 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.S.No.12 of 2022 and A.No.378 of 2022
R.Kishore Kumar @ Guinness Kishore S/o.Rava Kannan Proprietor Annai Theresa International Films No.6/36, Arunachalam Road Saligramam, Chennai 600 093
... Plaintiff
Vs.
1.The South Indian Film Chamber of Commerce Represented by its Honorary Secretary Having office at T.R.Sundaram Avenue No.605, Anna Salai Chennai 600 006
2.The Election Officer The South Indian Film Chamber of Commerce T.R.Sundaram Avenue No.605, Anna Salai Chennai 600 006
3.Ravikottarakaru S/o.K.P.Kottarakaru
4.T.A.Arulpathy S/o.T.Arunachalam
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5.G.V.G.Raju S/o.G.V.S.Raju
6.N.M.Suresh S/o.Mohan Rao
7.K.V.Venkatesh S/o.K.M.Vasudeva Rao
8.B.Rakesh S/o.Bahuleyan Govindan
9.T.Prasanna Kumar S/o.Pitchaiah Tummala
10.K.Nandakumar S/o.P.K.Kaimal
(Defendants 3 to 10 impleaded as per order dated 22.09.2022 in A.No.3118 of 2022)
... Defendants
Prayer: Plaint filed under Order IV Rule 1 of Original side Rules read with Order VII Rule 1 of CPC for (i)declaring the circular dated 03.01.2022 issued by the Defendants 1 & 2 as null and void and ultra vires the Memorandum of Association, Rules and Regulations of the 1 st Defendant Association; (ii) Declaring the consequential letter dated 11.01.2022 sent by the Election Officer/2 nd Defendant as null and void, non-est, ex facie wholly without jurisdiction and contrary to the Memorandum of Association, Rules and Regulations of the 1 st Defendant Association; (iii) Permanent injunction
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restraining the Defendants, their men, agents, servants and anyone claiming under them or acting on their behalf from in any manner conducting the 77 th Annual General Meeting of the first defendant Association either on 06.02.2022 or on any other date based on the Circular dated 03.01.2022 or in any manner whatsoever without following the Memorandum of Association, Rules and Regulations of the 1 st Defendant Association and the Tamil Nadu Societies Registration Act, 1975; (iv) Directing the defendant to pay the costs of the suit.
For Plaintiff : Mr.Vicram for Mr.B.Arvind Srevatsa For Defendants : Mr.K.Harishankar (for D1) Mr.R.Sagadevan (for D2) Mr.C.Santhoshkumar (for D3 to D10)
JUDGMENT
When the matter is taken up, Mr.Vicram, learned counsel appearing on behalf of Mr.B.Arvind Srevatsa, learned counsel for the Plaintiff reported that he had no instruction from the Plaintiff.
2.Learned counsel for the Defendant stated that the Suit is against conducting the 77 th Annual General Meeting of the first Defendant Association
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either on 06.02.2022 or on any other date based on the Circular dated 03.01.2022, without following the Memorandum of Association, Rules and Regulations of the 1 st Defendant Association and the Tamil Nadu Societies Registration Act, 1975.
3.Since the learned counsel for the Petitioner has reported 'no instruction', this Suit is dismissed for default. Consequently, connected Application is closed.
08.08.2024
Index : Yes/No Neutral citation : Yes/No Speaking Order/Non-Speaking Order
sai
C.S.No.12 of 2022
RMT.TEEKAA RAMAN.J,
sai
C.S.No.12 of 2022
and A.No.378 of 2022
Dated: 08.08.2024
3 provisions across 3 enactments
R.Kishore Kumar @ Guinness Kishore
The South Indian Film Chamber of Commerce
The Election Officer, The South Indian Film Chamber of Commerce
Ravikottarakaru
T.A.Arulpathy
G.V.G.Raju
RMT.Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
