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2024 Supreme(Cal) 103

I. P. MUKERJI, BISWAROOP CHOWDHURY
Eastern Indian Motion Picture Association – Appellant
Versus
Milan Bhowmik – Respondent


Advocates Appeared:
For the Appellants : Rahul Karmakar, Adv, S.K. Poddar, Soumak Mukherjee.
For the Respondents: Shauil Sanayal, Adv., Priyakshi Banerjee, Partha Sarathi Bhattacharjee, Sr. Adv., Anirban Majumdar, Miss Piu Karmakar.

JUDGMENT :

I.P. Mukerji, J.

1. These two appeals with common facts were heard out together, after dispensing with all formalities. We dispose of these appeals and connected applications by this common judgment and order.

APO 3 of 2024:

2. Eastern India Motion Pictures Association, the appellant/first defendant is an association of members. It was incorporated as a company limited by guarantee under the Companies Act, 1955 and now one under Section 8 of the Companies Act, 2013. It has its registered office at 98E, B N Sircar Sarani, Kolkata – 72. Two members Milan Bhowmik and Md. Nurul Hassain producers of Bengali films are members of this association, plaintiffs in the suit and respondents in this appeal. The suit (C.S 224 of 2021) was filed by them as co-plaintiffs challenging the election of the executive committee of the association for the tenure 2021-23. The plaintiffs claims that the election of the defendant Nos.2, 4, 5, 6, 7, 8, 10, 11, 16, 18, 19, 20, 21, 22, 24, 25, 26, 28, 29, 30 and 31 as President and Executive Committee members of the association was null and void. There was violation of the articles of the association and election conduct rules of the organisation. The

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