Radhakrishnan.R, Propr. Of M/S.Maruthi Films v. Tamil Film Producer Council Rep By Its Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.03.2021

CORAM

THE HON`BLE MR.JUSTICE R.PONGIAPPAN and O.A.No.62 of 2019

1. R.Radhakrishnan Proprietor, M/s.Maruthi Films, No.325, Abusali Street, Saligramam, Chennai - 600 093.

2. R.Vadivelu, Proprietor, 'R.V.Creations', Plot No.14, 3rd Floor, Radha Avenue Main Road, Sri Devi Kuppam, Valsaravakkam, Chennai - 600 087.

... Plaintiffs Vs

1. Tamil Film Producer's Council, Rep. By its Secretary, Film Chamber Compound, No.606, Anna Salai, Chennai - 600 006.

2. Vishal Krishna, President, Tamil Film Producer's Council, Film Chamber Compound, No.606, Anna Salai, Chennai - 600 006.

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3. S.Kathiresan, Honorary Secretary, Tamil Film Producer's Council, Film Chamber Compound, No.606, Anna Salai, Chennai - 600 006.

4. S.S.Durairaj, Honorary Secretary, Tamil Film Producer's Council, Film Chamber Compound, No.606, Anna Salai, Chennai - 600 006.

5. S.R.Prabhu, Treasurer, Tamil Film Producer's Council, Film Chamber Compound, No.606, Anna Salai, Chennai - 600 006.

... Defendants Civil Suit filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of Original Side Rules, for the following judgment and decree : [a] For a Mandatory injunction directing the 1st defendant council to conduct the Annual General Body Meeting of the 1st defendant council for the period 2017 strictly in accordance with the bye-laws of the 1st defendant council under the Chairman appointed by this Court. [b] For a mandatory injunction seeking a direction to appoint a retired Hon'ble Judge of the High Court of Madras as a Chairman to conduct and preside over the Annual General Body Meeting of the 1st defendant council for the period 2017 strictly in accordance with the byelaws of the 1st defendant council within a stipulated time fixed by this Court.

[c] Directing the defendants to pay the plaintiffs the cost of the suit.

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For Plaintiffs : Mr.R.Sagadevan

J U D G M E N T

Today, when the suit is taken up for hearing, the learned counsel appearing for the plaintiffs appeared before this Court and filed a memo for withdrawing the suit. In the memo, it was stated that the prayer sought by the plaintiffs has become infructuous, as such, the plaintiffs are entitled to withdraw the suit.

2. Hence, in view of the memo filed by the plaintiffs, the learned counsel for the plaintiffs is permitted to withdraw the suit. Accordingly, the memo filed by the plaintiffs is recorded and the suit is dismissed as withdrawn. In otherwise, since the suit has not attained the stage of trial, Registry is directed to refund the Court Fee to the plaintiffs, in accordance with the rules. Consequently, the connected O.A.No.62 of 2019, is also closed.

31.03.2021 ars Index : Yes/No Internet: Yes Speaking/Non-Speaking Order 3/4

R.PONGIAPPAN, J.

ars and O.A.No.62 of 2019 31.03.2021 4/4