Vishal Krishna v. T.R.Silambarasan And 3 Others

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), 6, Masilamani St., ... Plaintiff / Applicant in O.A.Nos. 14 to 16 of 2019 & A.Nos. 113 & 114 of 2019 -Versus1.C.Michael Royappan (50) Prop, Global Infotainment Pvt., Ltd.,

2. The Tamil Film Producers Council, 606, Anna Salai, Chennai-600 006, By its President Vishal Krishna

3. The South Indian Artists Association, Nandu Apartments, 21 Habibullah Rd., T. Nagar, Chennai-600 017, Rep by its General Secretary Mr. Vishal Krishna

4. Vishal Krishna (34) Nandu Apartments, 21 Habibullah Rd, T. Nagar, Chennai-600 017.

... 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 / 2 nd Defendant Vs.

1.T.R.Silambharasan No.6, Masilamani Street, ... 1 st Respondent / Plaintiff 2.C.Michael Royappan Prop, Global Infotainment Pvt., Ltd., ...2 nd Respondent / 1 st Defendant

3. The South Indian Artistes Association, Nandu Apartments, 21 Habibullah Rd., 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 / 4 th Defendant Vs.

1.T.R.Silambharasan No.6, Masilamani Street, ... Respondent / Plaintiff 2.C.Michael Royappan Prop. Global Infotainment Pvt., Ltd., 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 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 2 nd Defendant and the General Secretary of the 3 rd Defendant.

2. Learned counsel for the applicant/fourth defendant would submit that the applicant/fourth defendant is not holding the post of President of the 2 nd Defendant Association and the General Secretary of the 3 rd 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.

3. Learned counsel for the first respondent/plaintiff would submit that at the 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.

4. Heard and perused.

5. Admittedly, the applicant/fourth defendant was the office bearer of the 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.

6. D1 & D2 in CS.No.17 of 2019 have already filed their written statements. 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.

7. Post the matter on 09.03.2022.

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