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2014 DIGILAW 873 (MAD)

Tamil Film Producer's Council v. S. Thanu, V. Creations

2014-04-09

M.JAICHANDREN, M.VENUGOPAL

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Judgment : M. Jaichandren J. 1. Heard the learned counsels appearing for the parties concerned. 2. At this stage of the hearing of the original side appeal, Mr.T.V.Ramanujam the learned senior counsel appearing on behalf of the appellant had submitted that the appellant is willing to conduct an Extraordinary General Body Meeting, at the earliest possible, as directed by this Court, based on the requisition, dated 30.12.2013, submitted by the Regular Producer Members, under Regulation 28 of the Bye-laws and the Rules of the Tamil Film Producers' Council. 3. Ms.Nalini Chidambaram and Mr.S.Silambanan, the learned senior counsels appearing for the respondents had submitted that the respondents would have no objection if the order passed by the learned single Judge, dated 28.2.2014, made in O.A.No.167 of 2014, in C.S.No.147 of 2014, is modified and a direction is issued to the appellant herein to convene an Extraordinary General Body Meeting, based on the requisition made by the Regular Producer Members, to consider the 'No Confidence Motion' proposed to be moved by the members, by placing the same in the said meeting, as a part of the Agenda. 4. In view of the submissions made by the learned counsels appearing for the parties concerned, we find it appropriate to direct the appellant herein to convene an Extraordinary General Body Meeting, as per the appropriate regulations, fixing the date of the said meeting on 11.5.2014. The requisition of the members, dated 30.12.2013, for moving the 'No Confidence Motion' should form part of the agenda for the said meeting to be held on 11.5.2014. 5. We also find it appropriate to appoint Mr.Justice P.Shanmugam, former Judge of this Court, as the 'observer' for the said meeting. The observer will consider the requests made by the members, if any, and take appropriate steps to ensure that the proceedings of the Extraordinary General Body Meeting takes place in a peaceful and smooth manner. It is made clear that it would be open to the observer to seek necessary police protection, if he finds it appropriate to do so, to ensure the proceedings of the meeting are conducted, peacefully, without any disturbance. It would also be open to the observer to take any other appropriate steps, as may be found necessary, for conducting the Extraordinary General Body Meeting, on 11.5.2014, as per the regulations applicable to such proceedings, in furtherance of this order. 6. It would also be open to the observer to take any other appropriate steps, as may be found necessary, for conducting the Extraordinary General Body Meeting, on 11.5.2014, as per the regulations applicable to such proceedings, in furtherance of this order. 6. The observer shall ensure that the resolution relating to the 'No Confidence Motion' is decided, by way of voting, by secret ballot, as per the regulations and the result shall be announced by him at the conclusion of the proceedings. The remuneration of the observer is fixed as Rs.2,00,000/-, (Rupees two lakhs), which shall be paid by the Tamil Film Producers' Council, the appellant herein. The report relating to the proceedings shall be filed by the observer before this Court, in C.S.No.147 of 2014, within a period of ten days after the conclusion of the proceedings. In such circumstances, the order of the learned single Judge, dated 28.2.2014, made in O.A.No.167 of 2014, in C.S.No.147 of 2014, is set aside. Accordingly, the original side appeal stands allowed, with the above directions. Connected M.P.Nos.1 and 2 of 2014 are closed.