R.Kishore Kumar @ Guinness Kishore v. The South Indian Film Chamber Of Commerce

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2024

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN 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 1/5

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 1st Defendant Association; (ii) Declaring the consequential letter dated 11.01.2022 sent by the Election Officer/2nd Defendant as null and void, non-est, ex facie wholly without jurisdiction and contrary to the Memorandum of Association, Rules and Regulations of the 1st Defendant Association; (iii) Permanent injunction 2/5

restraining the Defendants, their men, agents, servants and anyone claiming under them or acting on their behalf from in any manner conducting the 77th 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 1st 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 77th Annual General Meeting of the first Defendant Association 3/5

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 1st 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 : Yes/No Speaking Order/Non-Speaking Order sai 4/5

RMT.TEEKAA RAMAN.J, sai and A.No.378 of 2022 Dated: 08.08.2024 5/5