In a writ petition challenging the rejection of an appeal under the Chit Funds Act for being barred by limitation, the Court held that statutory time limits cannot be condoned. The petition was dismissed.
The Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.
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.
W.P.(MD).No.1273 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.1273 of 2012
and M.P(MD)Nos.2 of 2012 & 1 of 2014
R.J.K.Thilak
... Petitioner
Vs.
1.The Secretary to Government, Commercial Taxes and Registration Department, Chennai-9.
2.The Arbitrator/Chit Registrar, Central Chennai Chit Funds Cases, Chennai.
3.Sree Gokulam Chits Finance Limited, 49, Arcot Road, Chennai-24. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the award in A.R.C.No.1224/2009, dated 05.01.2010 on the file of the second respondent and the subsequent rejection of the appeal in letter No.17926/G/2010-1, dated 25.11.2010 on the file of the first respondent and quash the same.
For Petitioner : Mr.A.Rajkumar Sen For R-1 & R-2 : Mr.D.Sasikumar Additional Government Pleader For R-3 : No appearance
ORDER
The present Writ Petition has been filed challenging an order passed by the first respondent herein, under which the appeal presented by the writ petitioner under Section 70 of the Chit Funds Act, 1982 has been rejected on the ground that it is barred by limitation. https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).No.1273 of 2012
Sd/-
Assistant Registrar(CS-II)
// True Copy //
/07/2022
Sub Assistant Registrar(CS)
btr
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Secretary to Government, Commercial Taxes and Registration Department, Chennai-9.
2.The Arbitrator/Chit Registrar,
Central Chennai Chit Funds Cases, Chennai.
+1 CC to M/s.A. SIVAJI, Advocate ( SR-25872[F] dated 15/06/2022 ) +1 CC to M/s.SPL.GP ( SR-26103[F] dated 16/06/2022 )
Order made in W.P.(MD).No.1273 of 2012
15.06.2022
ck(CO)
TR(05.07.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/
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2 issues framed by the court
Whether the writ court can condone delay in filing an appeal barred by limitation under Section 70 of the Chit Funds Act, 1982.
Whether the impugned order rejecting the appeal due to limitation bar is maintainable.
2 provisions across 2 enactments
R.J.K.Thilak
The Secretary to Government, Commercial Taxes and Registration Department, Chennai-9
The Arbitrator/Chit Registrar, Central Chennai Chit Funds Cases, Chennai
Sree Gokulam Chits Finance Limited
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
