EASTERN INDIAN MOTION PICTURE ASSOCIATION Vs. MILAN BHOWMIK

JUDGEMENT

(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 Sec. 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. These defendants have also joined the appeal with the association.

(3.) This appeal arises out of a judgment and order dtd. 8/2/2023 passed by a learned Single Judge of this Court in an application made by the association and the defendants mentioned in that order for rejection of the plaint and dismissal of the suit (GA 2 of 2022). By the said impugned judgment and order, this application was dismissed. Hence this appeal.