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Madras High CourtOSA/190/2015dismissed

Raj Kennedy Films v. The South Indian Film Chamber

2015-11-05Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA O.S.A.No.190 of 2015 Raj Kennedy Films, rep. by its Prop: Mansoor Ali Khan, Old No.23, New No.49, Nungambakkam High Road, Chennai-600 034.

...Appellants vs 1.The South Indian Film Chamber of Commerce, rep. by its Secretaries, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

2.B.Shashi Kumar, President, The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

3.P.Changaiah, Vice President (Studio Group) The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

4.B.Vijayakumar, Vice President (Producers Group), The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

5.P.Subramanyam, Vice President (Distributors Group), The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

6.T.Raja, Vice President (Exhibitors Group), The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

7.Katragadda Prasad, Hony-Secretary (Studio-Producers Group), The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

8.T.A.Arulpathy, Hony-Secretary (Distributors-Exhibitors Group), The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

9.K.Muralidharan, A.Arulpathy, Treasurer, The South Indian Film Chamber of Commerce, T R Sundaram Avenue, 605, Anna Salai, Chennai-600 006.

...Respondents

Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI, Rule 9 of Original Side Rules against the order dated 21.07.2015 made in Application No.3198 of 2015 in C.S.No.376 of 2015.

Application praying that this Honourable Court be pleased to appoint an Administrator to take over the management and administration of the 1st respondent/defendant association, direct the administrator to conduct the election of the 1st respondent/defendant association to elect the office bearers of the association for the year 2015-2016 without entertaining the authorization letters from the members/proxy votes to cast their votes in the election, pending disposal of the above suit.

For Appellant .. Ms.Sudharsana Sundar for M/s.McGan Law Firm

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The election has already been held. The order passed for conduct of election is subject to the result of the suit. There is also a direction that the pleadings should be completed by a specific date of 15.09.2015 and it is the case of the appellant that those pleadings have not been filed.

2. In our view, this is not a case for interference and if the respondents have not taken steps to file the pleadings, the matter can be taken on the undefended board for necessary directions.

3. The appeal is dismissed with the aforesaid observation. No costs.

sd/ ASSISTANT REGISTRAR(CCC) /TRUE COPY/ SUB-ASSISTANT REGISTRAR bbr To,

1. The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

+1 CC to M/s.McGan Law Firm Advocate. SR.NO. 61298 O.S.A.No.190 of 2015 CO-PA JD 26/11/2015