M.M. Thaha v. The Chennai, Kancheepuram Thiruvallur

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR in A.S.No.278 of 2024

1. M.M. Thaha Proprietor, M/s.Royal Movies, 2nd Floor, MECO House, 47, Anna salai, Chennai-600002 Appellant(s) Vs

1. The Chennai, Kancheepuram Thiruvallur District Film Distributors Association, Rep. by its Secretary, Kalaipuli S.Sekaran, Old No.23, New No.32, Meeran Sahib Street, Mount Road, Chennai-600002 2.T.A.Arulpathy President, No.135/9 (63/9), G.N.Chetty Road, T.Nagar, Chennai-600017 3.T.Srinivasulu Vice President,

32, D-1, Langs Garden Road, Anna Road, Chennai-600002 4.G.Sekaran Secretary, No.8/11, Thai Mugambigai Street, Valasaravakkam, Chennai-600087 5.V.Anbumani Joint Secretary, No.16, Poes Road 3 rd Street, Teynampet, Chennai-600018 6.Balasundaram TREASURER No.14, 3rd Cross Street, Seethammal Colony Extension, Chennai-600018 Respondent(s) PRAYER To vacate the stay dated 24/04/2024 in CMP No.9233 of 2024 in AS.No.278/2024 For Appellant(s):

Ms.Anbarasi Rajendran For M/s.AAV Partners For Respondent(s):

Mr.P.Neethi Kumar For Waraon And Sai Rams for R1 No Appearance For R 2,3,4 and 6 Not Ready In Notice R5

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Miscellaneous Petition to vacate the interim order has been filed mainly based on personal grievances. In paragraph Nos.7 and 8 of the affidavit filed in support of the Miscellaneous Petition, state that the petitioner is aged about 82 years and his wife is aged about 72 years. They are suffering from various health ailments and they are depending on their daughters. The petitioner is suffering financially. Therefore, the interim stay is to be vacated. 2.

Per contra, this Court has recorded reasons for granting interim order. The reasons are mainly that the decree pertains to damages for removing the respondent from membership in the appellant association and for the redlisting of the movie titled 'Chinna'. The subject matter was decided in WA.No.763 of 2008. Exhibit B2, the interim report filed by the Administrator appointed by the High Court, was also considered at the time of granting interim order. The said report reveals about the removal of several members of the appellant association, and the Administrator concluded that the removal of the appellant was justified. The removal of the petitioner herein ended with an order of red-listing of the movie titled 'Chinna'.

3.

Except raising certain personal grievances, the petitioner has not convinced this Court for the purpose of vacating the interim order already granted by this Court. Consequently, the CMP stands dismissed.

4.

The interim order already granted by this Court is made absolute. Post the Appeal for final hearing after four weeks. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 17-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chennai, Kancheepuram Thiruvallur District Film Distributors Association, Rep. by its Secretary, Kalaipuli S.Sekaran, Old No.23, New NO.32, Meeran Sahib Street, Mount Road, Chennai-600002 2.T.A.ARulpathy President, No.135/9 (63/9), G.N.Chetty Road, T.Nagar, Chennai-600017 3.T.Srinivasulu Vice President, 32, D-1, Langs Garden Road, Anna Road, Chennai-600002 4.G.Sekaran secretary, No.8/11, Thai Mugambigai Street, Valasaravakkam, Chennai600087 5.V.Anbumani Joint Secretary, NO.16, Poes Road 3rd Street, Teynampet, Chennai-600018 6.Balasundaram TREASURER No.14, 3rd Cross Street, Seethammal Colony Extension, Chennai-600018

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 17-03-2025