Madras High Court
Mr.Giridharlal L Nagpal vs Film & Television Producers' Guild Of ... on 16 July, 2018
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2018
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.338 of 2015 &
O.A.No.448 of 2015, A.Nos.2042 of 2015
& 3850 of 2018
1. Mr.Giridharlal L Nagpal,
President, (Common, Film & Television Sectors),
M/s.L.S.Movies,
No.26/7, 6th Cross Street,
Lake Area, Nungambakkam,
Chennai 600 034.
2. Mr.A.M.Rathinam,
Vise President, Film Sector,
M/s.Sri Surya Movies,
1, Velan Street, Valsaravakkam,
Chennai 600 087.
3. Mr.S.Devaraj Gunasekaran,
Hon. Secretary, Film Sector,
M/s.Arun Sujatha Combines,
No.134, 1st Main Road, Gandhi Street,
Subashri Nagar, Ext.1, Porur,
Chennai 600 0125.
4. Mr.P.Vijayakumari,
Executive Committee Member, Film Sector,
M/s.Angel Creations,
No.35, V.O.C. Street, Aaji Flat Gourd Floor,
Kaikankuppam, Valasaravakkam,
Chennai 600 087.
5. Ms.R.Bhuvana,
Executive Committee Member, Film Sector,
M/s.V.B.Film Makers,
FFI, Sri Lakshmi APT.,
23/4, Rangaiah Garden Street,
Mylapore, Chennai 600 004.
6. Mr.Ashok Kumar Lodha,
Executive Committee Member, Film Sector,
M/s.Lodha Film & Finance,
No.30, Bagirathi Ammal Street,
Bajaj Villa, 1st Floor, T.Nagar,
Chennai 600 017.
7. Mr.Ghanshyam Hemdev,
Executive Committee Member, Film Sector,
M/s.Pyramid Infortainment (P) Ltd.,
3/5, Spur Tank Road, Chetpet,
Chennai 600 031.
8. Mr.S.Kumaran,
Executive Committee Member, Film Sector,
M/s.Kolly Wood Media,
3/337, Pillaiyar Koil Street,
Appainthangal Velleri (P) Arani Tk,
Thiruvannamalai 632 317.
9. Mr.G.Madhu Mohan,
Executive Committee Member, Film Sector,
M/s.M.M.Cine Enterprises,
No.23/27, Tilak Street,
T.Nagar, Chennai 600 017.
10. Mr.P.A.C.V.Ranganayakalu,
Executive Committee Member, Film Sector,
No.27, Anna Pillai Street,
(Beside Leo Coffee), Chennai 600 001.
11. K.Sathya Narayana,
Executive Committee Member, Film Sector,
M/s.Sri Ragavendra Cine Chitra,
No.21/11, Murali Street,
Mahalingapuram, Chennai 600 034.
12. Mr.MB.Mohamed Hidayathullah,
Executive Committee Member, Film Sector,
M/s.King Star Films,
No.30-A, Duraisamy Nagar,
East Tambaram, Chennai 600 059.
13. Mr.Simmam Raghu,
Hon. Secretary, Television Sector,
M/s.Simam,
Flat No.1, Meenakshi Flat,
No.13/5, Balakrishna Street,
West Mambalam, Chennai 600 033.
14. Mr.Aranthanki Sankar,
Executive Committee Member, Television Sector,
M/s.Karthik Videos,
No.9, Baskar Street, Nehru Nagar,
Saligramam, Chennai 600 093.
15. Mr.K.Balu,
Executive Committee Member, Television Sector,
M/s.BB Media,
No.7, Prem Nagar, Gandhi Nagar,
Saligramam, Chennai 600 093.
16. Mr.N.Pakkrisamy,
Executive Committee Member, Television Sector,
M/s.Cosmos Creations,
P.No.25, Sulochana Nagar,
Moulivakkam, Kundrathur Road,
Porur, Chennai 600 125.
17. Mr.Sivaji Ramadass
Executive Committee Member, Television Sector,
M/s.Sivaji Cine Creation,
542/694, Poonamallee High Road,
Aminjikarai, Chennai 600 029.
18. Mrs.Thenmozhi Abhavanan,
Executive Committee Member, Television Sector,
M/s.Kalaimalar Television,
No.15/7, 65h Cross Street, Lake Area,
Nungambakkam, Chennai 600 034.
.. Plaintiffs
vs
1. Film & Television Producers' Guild of South India,
Rep. By Honorary Secretaries,
B.1, Rama Flat, New No.19, (Old No.5),
Jagatheeswaran Street,
(Opp. To Hotel Matsaya on Thanikachalam Road)
T.Nagar, Chennai 600 017.
2. Mr.Ka. Kalaikottuthayam,
Managing Director,
M/s.Tamilan Kalai Koodam Private Limited,
No.3, 5th Street, Avvai Tirhunagar,
Virugambakka, Chennai 600 092.
3. Mr.Jaguar Thangam,
Proprietor, World Star Movies,
No.59, Annal Ganghi Street,
M.G.R. Nagar, Chennai 600 078.
4. Mr.T.Aadhiram,
Proprietor, Digital Theatres,
No.2/2B, Sakthi Sairam IInd Street,
Ganapathy Nagar, Alapakkam,
Chennai 600 116.
5. Mr.K.Nandagopal Chetty,
Honorary Treasurer,
3, Thaththa Muthiappan Street,
Chennai 600 001.
6. Mr.Hemanth Kumar,
Executive Committee Member, Television Sector,
No.13/7, Iyah Mudali Lane,
Chintadripet, Chennai 600 002.
7. Mr.N.Siraj Mohammed,
Executive Committee Member, Television Sector,
Proprietor,
M/s.Annai TV Network,
F.No.208, GMT Complex, II-Floor,
No.50, Narayianappa Street,
Chennai 600 021.
.. Defendants
Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC for the following reliefs :
a) for a declaration that the Extraordinary General Body meeting said to have been conducted on 12.10.2014 by the defendants 2 to 4 is illegal, null and void and consequently set aside the business transacted in the said Extraordinary General Body meeting as invalid and non-est in the eye of law;
b) for a declaration declaring that the defendants said to have been elevated/co-opted in the Extraordinary General Body meeting held on 12.10.2014 or on subsequent dates as the office bearers and executive committee members are invalid and set aside all the resolutions passed by the illegal body subsequent to 12.10.2014;
c) for a permanent injunction restraining the defendants 2 to 4 or their men, agents, representatives, nominees, etc. from in any manner administering and managing the affairs of the first defendant association;
d) Appoint an Administrator/Receiver to manage and administer the association and declare the election as per the byelaw of the association and conduct election for the office bearers and executive committee members of the first defendant association and handover the management and administration of the association to the elected executive committee;
e) cost of the suit;
For plaintiffs : Ms.D.Saraswathi
M/s.Warron & Sai Rams
For defendants :Ms.Vasudha Thiagarajan-D1,D3
Ms.Vishnupriya V Devendran
rep. Election Commissioner
J U D G M E N T
This suit has been filed for declaration that the Extraordinary General Body meeting held on 12.10.2014 as invalid and consequent reliefs. Subsequently, this Court by its Order dated 22.11.2016 appointed the Honourable Justice Mr.K.N.Basha (Retired), as an Election Commissioner to conduct election to the first defendant association.
2. Now the Election Commissioner has also filed a report wherein it has been stated that the election has been conducted in a fair manner and results also declared and new office bearers have assumed charges.
3. In view of the same, this suit is disposed of. Consequently, the connected applications are closed.
4. Taking into consideration the nature of efforts took by the Election Commissioner in conducting the elections, this Court directs the Film and Television Producers' Guild of South India to pay an additional remuneration of Rs.1,50,000/- (Rupees one lakh fifty thousand only) to the Honouable Justice Mr.K.N.Basha (Retired), within a period of one month. The registry is directed to furnish a copy of the report of Election Commissioner to both sides.
16.07.2018 vrc N.SATHISH KUMAR, J.
vrc C.S.No.338 of 2015 16.07.2018