Court remitted matter to Appellate Authority to pass orders on merits after affording petitioner opportunity of hearing. Petitioner directed to deposit Rs.75,000 to expedite closure or face confirmation of impugned award.
Matter remitted to Appellate Authority for hearing; Petitioner directed to deposit Rs.75,000 by 06.11.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2017
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
W.P.No.36018 of 2003
P.Ramasamy ... Petitioner
vs.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari calling for the records relating to the order of the 1st respondent in G.O.(D) No.82, dated 26.03.2003, Commercial Taxes Department and quash the same.
For Petitioner : Mr.K.Selvaraj For Respondents 1 & 2: Mr.K.Venkatesh, Government Advocate
Seeking to quash the order of the 1st respondent in G.O.(D) No.82, dated 26.03.2003, Commercial Taxes Department, the petitioner has come up with this Writ Petition.
payable in 40 monthly instalments. It is his case that in respect of the said chit transaction, the 3rd respondent filed an Arbitration case against him before the 2nd respondent-Joint Registrar of Chits, Nagapattinam and in that regard, he engaged a counsel on 17.11.2000 to defend his case. His Counsel's Clerk submitted a counter statement to the counsel for the 3rd respondent in the presence of the 2nd respondent. Since his counsel was held up in District Munsif Court, Nagapattinam, the 3rd respondent's counsel refused to receive a copy of the counter statement. The 2nd respondent also refused to receive a copy of the same in the absence of the petitioner's counsel and passed an exparte award on the same day, i.e. on 17.11.2000 itself.
and at 6% from the date of Award till the date of realization with costs of Rs.50,966.50.
stand that no amount is due to the 3rd respondent-Company and prayed that the matter may be remanded to the Appellate Authority.
The Writ Petition is disposed of with the above direction
and observation. No costs. Consequently, connected
W.P.M.P.No.43731 of 2003 and W.V.M.P.No.20 of 2011 are closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
(aeb)
To:
1. The Secretary,
Government of Tamil Nadu,
Commercial Tax Department,
Fort St. George,
Chennai 600 009.
2. The Joint Registrar of Chits,
Nagapattinam.
+1cc to Mr.Srinath Sridevan, Advocate sr.74093
Order in
W.P.No.36018 of 2003
mn(co)
ss(20/10/2017)
3 issues framed by the court
Whether the Appellate Authority should be directed to reconsider the exparte award after affording an opportunity of hearing to the petitioner.
Whether a decretum amount should be deposited by the petitioner before the final disposition of the Writ Petition.
Whether the pending Civil Suit prevents setting aside the exparte Award passed under the Chit Fund Act.
2 provisions across 2 enactments
P.Ramasamy
The Government of Tamil Nadu
M/s.Nagapattinam Sivasakthi Chit Funds (P) Ltd
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
