IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Monday, the First day of July Two Thousand Nineteen

PRESENT

THE HON`BLE MR JUSTICE N.KIRUBAKARAN

and

THE HON`BLE MR JUSTICE ABDUL QUDDHOSE

OSA No.371 of 2018

and CMP.Nos.16131 & 21315 of 2018

JAGUAR THANGAM [ APPELLANT / PETITIONER ]

PRESIDENT, FILM AND TELEVISION PRODUCERS,
GUILD OF SOUTH INDIA, B1, RAMS FLAT,
NEW.NO.19, OLD.NO.5,
JAGATHEESWARAN STREET,
T.NAGAR, CHENNAI 17.

Vs

1 FILM AND TELEVISION PRODUCERS [ RESPONDENTS / RESPONDENTS ]

GUILD OF SOUTH INDIA, REP BY ITS SECRETARY
M.JAMBU, B1, RAMS FLAT, NEW NO.19,
OLD.NO.5, JAGADHEESHWARAN STREET,
T.NAGAR, CHENNAI 17.

2 A.M.RATHINAM
PROPRIETOR M/S.SRI SURYA MOVIES,
NO.1, VELAVAN STREET, VALASARAVAKKAM, CHENNAI 87.

3 KA.KALAIKOTTUTHAYAM
MANAGING DIRECTOR, M/S.TAMILAN KALAIKOODAM,
NO.3, ALWARTHIRUNAGAR, 5TH STREET,
VIRUGAMBAKKAM,CHENNAI 92.

4 PA.SAMPATH KUMAR
PROPRIETOR M/S.SRINANDEESHWARAR MOVIES,
NO.18, 3RD ST, NANDHIVARAM,
GUDUVANCHERRY, CHENNAI 202.

5 P.DURAISWAMY
PROPRIETOR, VIJAY ENTERTAINMENTS, NO.24/57,
MAHADEVAN ST, WEST MAMBALAM, CHENNAI 33.

6 M.JAMBU
PROPRIETOR JJR FILMS, NO.7, NSK SALAI, AVM CINE
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LAB, AVM STUDIO, VADAPALANI, CHENNAI 26.
 7 KUTTY PADHMINI
MANAGING DIRECTOR,
M/S.VAISHNAVE MEDIA WORKS LTD.,
OLD.NO.33,N.NO.18A, KAMDAR NAGAR,
1ST STREET, NUNGAMBAKKAM,CHENNAI 34.

8 K.NANDAGOPAL CHETTY

9 R.KAMALANATHAN
PROPRIETOR
M/S.K.S.P.FILMS, NO.42, IIND ST,
POSTAL AUDIT COLONY,
SALIGRAMAM, CHENNAI 93.

10 G.SEKHAR
PROPRIETOR
M/S.PHEONIX ENTERTAINMENT, NO.67/32,
MEENAKSHI ILLAM, APPASWAMY KOIL ST,
MYLAPORE,CHENNAI 4.

11 D.VASANTHI
PROPRIETRIX, M/S.JAYALAKSHMI FILMS,
D.NO.7-9 1A NEAR
VAYUNONDANA PRESS, KAVALI, NELLORE DT 201.

12 T.KULANCHIAPPAN
PROPRIETOR M/S.R.K.MOVIES,
NO.17/1 FIRST ST,
ALWARPET, CHENNAI 18.

13 S.MOHAMMED FAROOK
PROPRIETOR,
M/S.BRIGHT COMBINES, NO.25, KANNADASAN
ST, T.NAGAR, CHENNAI 17.

14 MADHESHWARI .S
PROPRIETRIX,
DEVI CHITRAM, NO.46/1, BN ROAD, 2ND ST,
NORTH BOAG ROAD,
T.NAGAR, CHENNAI 17.

15 N.PAKKIRISAMY
PARTNER M/S.COSMOS CREATIONS,
AYSWARYA ILLAM,
PLOT NO.25, SULOCHANA NAGAR, MOULIVAKKAM,
KUNDRATHUR ROAD, PORUR, CHENNAI 125.

16 ARANTHANKI SANKAR
PROP M/S.KARTHIK VIDEOS,
NO.9, BASKAR STREET, NEHRU NAGAR,
MAIN ROAD, SALIGRAMAM, CHENNAI 93.
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 17 ASHOK
PROPRIETOR, M/S.T.K.P.PICTURES,
NO.4, SALIM CRESENT PARK, 2 & 3,
1ST CROSS STREET, KAMARAJ STREET,
GANDHI NAGAR, SALIGRAMAM, CHENNAI 93.

18 GHANSHYAM HEMDEV
PARTNER SREE DEVI VIDEO CORPORATION,
NEW.NO.5,OLD.NO.3,
MUKTHA GARDENS, SPURTANK ROAD,
CHETPET, CHENNAI 31.

19 MOHAMMED HIDAYUTHALLAH
PROPRIETOR M/S.KINGSTAR FILMS,
NO.30A, DURAISAMY NAGAR,
EAST TAMBARAM, CHENNAI 59.

20 MADURAI SELVAM
PROPRIETOR, SELVALAYA CINE CREATIONS,
NO.4/22, RAYALA NAGAR, 3RD MAIN ROAD,
RAMAPURAM, CHENNAI 89.

21 P.RANJITHKUMAR
PROPRIETOR SIVA SANKARI MOVIE MAKERS,
NO.101, A1, THIRUPATHI NAGAR,2ND CROSS ST,
VALASARAVAKKAM, CHENNAI 87.

22 M.C.SEKAR
PROPEITOR
M/S. SHEKARAN FILMS, S2, 2ND FLOOR,
10/77, 2ND CROSS ST, AVM COLONY,
VIRUGAMBAKKAM, CHENNAI 92.

23 PACV RANGANAYAKULU
NO.27, ANNA PILLAI STREET,
BESIDES LEO COFFEE,
CHENNAI 1.

24 S.MATHANA SOLAMON
PROPRIETOR,M/S.VELCY MALIKA MEDIA,
OLD.NO.24, NEW.NO.1B, BAJANAI KOVIL MAIN ROAD,
INBARAJAPURAM, 1ST STREET, CHOOLAIMEDU, CHENNAI 94.

25 R.BANUCHITRA
PROPRIETRIX,M/S.TITTU PRODUCTIONS,
PLOT NO.3, T1, ELITE SQUARE,
M.P.AVENUE, ABUSALI STREET, SALIGRAMAM, CHENNAI 93.

Appeal under XXXVI Rule 9 of O.S.Rules r/w Clause 15 of the

Letter Patent against the order of the THE HON’BLE MR.JUSTICE
N.SATHISH KUMAR dated 01.08.2018 and made in the exercise of the
Ordinary Original Civil Jurisdiction of the High Court in
O.A.No.708 of 2018 in C.S.No.512 of 2018 (in OSA.371/2018);
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 (ii)Grant an Interim order of stay of the fair and decreetal
order dated 01/08/2018 passed in OA No 708 of 2018 in CS No 512
of 2018(in CMP.No.16131/2018)and

(iii)Grant an order of interim direction to the Petitioner

herin to conduct the Generl Body Meeting of the Guild in
accordance with the provisions of the Bye-law (Rules and
Regulations) of the Guild, under the supervision of a retired
High Court ad Convener to be appointed by this Honble Court, (in
CMP.No.21315/2018) pending disposal of the above Osa.No.371/2018
respectively.

ORDER :- This Appeal coming on for orders on this day upon

perusing the Grounds of Appeal, the orders of the THE HON’BLE
MR.JUSTICE N.SATHISH KUMAR dated 01.08.2018 and made in the
exercise of the Ordinary Original Civil Jurisdiction of the High
Court in O.A.No.708 of 2018 in C.S.No.512 of 2018 and all other
material paper in this cases and upon hearing the arguments
of,MR.T.MASILAMANI SENIOR COUNSEL for M/S.R.MAHESWARI Advocate
for the Appellant and of M/S.G.KRISHNAMURTHY, Advocate for the
respondents the court made the following order :-

(Order of the Court was made by N.Kirubakaran, J)

By order dated 18.12.2018, this Court appointed Mr.Justice

G.Rajasuria, retired Judge of this Court to mediate between the
parties. Accordingly, the learned Judge held four sittings
calling all the parties and finally, there was a meeting on
02.03.2019 convened by the learned Judge calling both the parties
and the minutes of the meeting are as follows:

“The participants have exchanged their views and

the Mediator as perceived and understood what
transpired during the meeting sets out the details as
under:
The Mediator furnished 9 suggestions on
18.12.2018 to the participants. In the meeting held
on 14.02.2019, it was recorded that on the side of the
original plaintiff's they broadly agreed to those 9
suggestions given by the mediator. The learned
Counsel for the original defendants sought time to
furnish their views. Accordingly today Mr.Jaguvar
Thangam, the 1st defendant expressed his views to the
effect that he in respect of the first suggestion of
the mediator, he would agree for allowing all office
bearers except TVL.Jambu, Mr.Duraisamy,
Mr.Nandhagopal, Treasurer on the ground that criminal
legal proceedings are pending as against
Thiru.Nandhagopal, Mr.Duraisamy, to enter the guild
premises and occupy seats. For which on the original
plaintiff's side, they raised their objection to the
effect that the office bearers cannot be prevented
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from attending the office by the first defendant.
 Regarding he second suggestion of the mediator on
the original defendant's side the learned advocate
would convey their views to the effect that straight
away G.B. Meeting should be conducted without placing
the papers before the EC as according to the
defendants in the EC meeting nothing fruitful would
emerge. However, the learned advocate for the original
defendant would state that before the mediator the
first defendant would submit the three year's audited
accounts and the relevant materials including the
proposed agendas for conducting the G.B.meeting and
the original defendant's all including those three
persons namely Mr.M.Jambu, Mr.Duraisamy and
Mr.Nandhagopal, Treasurer, could participate in the
meeting before the mediator.

Regarding the 3rd suggestion of the mediator both

sides agreed.

Regarding the 4th suggestion of the Mediator also

both sides agreed.

Regarding the 5th suggestion of the mediator also

both sides agreed.

Regarding the 6th suggestion of the Mediator the

learned advocate for the original defendant's as
already stated by her, the proposed agenda for G.B.
would be placed before the mediator.

Regarding the 7th suggestion of the Mediator

amending the bylaws the learned advocate for the
original defendant's would state that the proposed
amendment of the bylaws would be placed before the
mediator in the presence of the EC members and
thereafter it would be placed before G.B., after
deliberation.

Regarding the 8th suggestion both sides would

state that instead of District Judge, the mediator
should head the probe committee.

Regarding the 9th suggestion both sides agreed

that, it should be incorporated in the amendment of
bylaws.

The learned advocate for the original plaintiff's

would air the grievance of some of the members that
their subscriptions to the guild are not received at
the office of the guild, for which the original
defendant's no.1 would state that the office of the
guild would receive subscriptions from the members as
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 per bylaws.

In respect of the allegations made in the

previous meeting, the learned advocate for the
original defendant's and D1 in one voice would state
that the subscriptions are collected and deposited in
the bank account of the guild regularly.

Accordingly decision has been taken in this

meeting to the effect that the aforesaid details could
be submitted to the court by the Mediator where upon
both parties shall appear before the Court and get
suitable orders for implementing the same.”

From the above it is clear that the parties have agreed for
the General Body Meeting to be convened by the learned Judge who
has been appointed as mediator.

2.Therefore, this Court requests the learned Judge to convene

the General Body Meeting as per the consensus reached by the
parties as revealed in the minutes of the meeting dated
02.03.2019 and proceed with the same.

3.Further, the Commissioner of Police is directed to give

appropriate police protection for the General Body Meeting to be
convened by the learned Judge. The Additional remuneration of
Rs.3,00,000/- shall be paid to the mediator within a period of
two weeks from the date of receipt of a copy of this order.

4.Call the matter on 26.08.2019.

-sd/-
01/07/2019
/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. )

High Court, Madras - 600 104.
TO

1 THE SUB ASSISTANT REGISTRAR

ORIGINAL SIDE, HIGH COURT,
CHENNAI-104.

2 THE TAMILNADU MEDIATION AND

CONCILATION CENTRE, HIGH COURT,
CHENNAI.

3 THE HON’BLE MR.JUSTICE G.RAJA SURIYA,

(RETD.),NO.31,3RD CROSS,BRINDAVAN,PUDUCHERRY.
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 4 THE COMMISSIONER OF POLICE,
CHENNAI.

C.C. to M/S.R.MAHESWARI. Advocate Sr.No.8152

C.C. to M/S.G.KRISHNAMURTHY, Advocate Sr.No.8181

Order

in

OSA No.371 of 2018

and CMP.Nos.16131 & 21315 of 2018

Date :01/07/2019

From 26.2.2001 the Registry is issuing certified

copies of the Interim Orders in this format
VS 24.12.2018
KP(18/01/2019) (IT)
KP(11/07/2019)

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