← Library
Madras High CourtCS/121/2018dismissed as settled out of court

R.Radhakrishnan v. Tamil Film Producers Council

2021-12-07Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 07TH DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S.No. 121 of 2018 and O.A.No. 166 of 2018 C.S.No.121 of 2018:- R. Radhakrishnan, Proprietor, M/s. Maruthi Films, No.145, Abusali Street, Saligramam, Chennai - 600 093.

... Plaintiff /Applicant -VsTamil Film Producers Council, Rep.by its Secretary, South Indian Film Chambers Compound, No.606, Anna Salai, Chennai - 600 006.

... Defendant/Respondent Civil Suit praying that this Hon'ble Court be pleased to pass a judgement and Decree against the defendant as follows:- a) to declare that the resolution dated 29.12.2017 passed by the executive committee of the Defendant Association with reference to the suspension of the plaintiff from the Defendant Association is null and void;

b) for a Permanent Injunction restraining the Defendant Association from in any manner interfere with the membership of the plaintiff by giving effect to the suspension order dated 29.12.2017 and the privileges and benefits enjoyed by the Plaintiff as guaranteed under the byelaw as a member of the Defendant Association;

c) cost of the suit;

O.A.No. 166 of 2018 :- Original Application praying that this Hon'ble Court be pleased to grant an ad interim injunction restraining the Respondent Association its, men, servant, agent, etc. from in any manner interfere with the membership of the Applicant by giving effect to the suspension of the Applicant as per the Resolution dated 29.12.2017 and the privileges and benefits enjoyed by the Applicant as guaranteed under the byelaw as member of the Respondent Association pending disposal of the above suit. This suit along with the original application coming on this day before this Court for hearing, in the presence of Mr.T.Thyageshwaran, for M/s.Waraon and Sairams, Advocates for the Plaintiff in C.S.No.121 of 2018 and for the Applicant in O.A.No. 166 of 2018 and Mr.Aravind Sreevatsa, Advocate for the Defendant in C.S.No. 121 of 2018 and for the Respondent

in O.A.No. 166 of 2018 and upon reading the Plaint filed in C.S.No. 121 of 2018 and the Judges Summons and the Affidavit of R.Radhakrishnan, filed in O.A.No. 166 of 2018 and the learned counsel for the Plaintiff having made on endorsement on the plaint stating that "This Suit may be disposed settled out of Court, Court Fee may be refunded in the name of counsel for Plaintiff" to that effect, and this Court doth recording the same, it is ordered as follows:- That the Suit in C.S.No.121 of 2018, be and is hereby dismissed as settled out of Court.

2. That a certificate under Section 69 of Tamil Nadu Court Fees and Suits Valuation Act XIV, 1955, do issue herein out of and under the seal of this Court in favour of R.Radhakrishan, the plaintiff herein, authorising him, to receive from the pay and Account Office, High Court, Madras a sum of Rs.28,685/- (Rupees Twenty Eight Thousand Six Hundred and Eighty Five only) being entire Court Fee paid on the Plaint by the plaintiff herein.

3. That the O.A.No. 166 of 2018 do stand closed.

4. That there shall be no costs of this Suit. WITNESS THE HON'BLE THIRU MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 07TH DAY OF DECEMBER 2021. Sd/- ASSISTANT REGISTRAR (O.S-I) //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.

ED 21.12.2021 C.S.No. 121 of 2018 and O.A.No. 166 of 2018

ORDER

DATED : 07.12.2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 29/12/2021 APPROVED ON : 04/01/2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE C.S.No.121 of 2018 and O.A.No.166 of 2018 R.Radhakrishnan ... Plaintiff Vs Tamil Film Producers Council, Rep by its Secretary, South Indian Film Chambers Compound, No.606, Anna Salai, Chennai 600 006 ...Defendant Plaint under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C praying to pass a judgment and decree against the defendant.

(a) to declare that the resolution dated 29.12.2017 passed by the Executive Committee of the Defendant-Association with reference to the suspension of the plaintiff from the Defendant-Association is null and void; b) for a permanent injunction restraining the Defendant-Association from in any manner interfere with the membership of the plaintiff by giving effect to the Suspension Order dated 29.12.2017 and the privileges and benefits enjoyed by the plaintiff as guaranteed under the byelaw as a member of the Defendant-Association;

c) Cost of the suit;

For Plaintiff : Mr.T.Thyageshwaran For Defendant : Mr.Aravind Sreevatsa

JUDGMENT

Mr.T.Thyageshwaran, learned counsel for the plaintiff submits that the dispute between the plaintiff and the defendant has been settled out of Court. An endorsement was also made to that effect in the Court bundle. The said statement is recorded.

2. Accordingly, the suit is dismissed as settled out of Court. No costs. Consequently, connected application is closed. The Registry is directed to refund the Court fees to the plaintiffs as per Rules. Sd./- A.Q.J., 07.12.2021.

//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.