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Hvf (Heavy Vehicles Factory Employees Co-operative Thrift and Credit Society Ltd.,) v. The Joint Registrar of Co-Operative societies

Madras HC2 Jan 2023WP/34840/2022

Case brief

AI extract

What is this about?

In an original writ petition filed under Article 226, the High Court directed the Joint Registrar of Co-operative Societies to expeditiously execute an award of Rs. 7,49,009/- favoring the petitioner against the fourth respondent under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983.

What did the court decide?

Directed the second respondent to execute the award dated 06.06.2019 against the fourth respondent under Section 90 of the Act.

Hvf (Heavy Vehicles Factory Employees Co-operative… — Cooperative Societies | Madras HC (2023)

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W.P.No.34840 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 02.01.2023

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Coram:

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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W.P. No.34840 of 2022

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HVF (Heavy Vehicles Factory employees Co-operative Thrift & Credit Society Ltd.,) Regn. No.K.P.(Spl)180, Represented by its President Mr.M.Muthu, M.B.No.26A,HVF Estate, Avadi, Chennai – 600 054. ... Petitioner

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Vs.

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The Joint Registrar of Co-operative societies, Thiruvallur District.

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The Deputy Registrar of Co-operative Societies, Thiruvallur District.

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The Heavy Vehicles Factory, Represented by its General Manager, Avadi, Chennai – 54.

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E.Vatchala ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2^nd respondent to receive

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.34840 of 2022

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the execution petition filed by the petitioner dated 21.09.2022 and to take cognizance on the application of the petitioner and thereby to recover the sum dues from the pension amount payable by the 3^rd respondent to the 4^th respondent in accordance with law and to pay the same to the petitioner.

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For Petitioner : Mr.G.Ilamurugu

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For Respondents : Ms.M.Jayanthy, 1 & 2 Additional Government Pleader

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ORDER

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By consent of both the parties, this writ petition has been taken up for

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final disposal at the admission stage itself.

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2.This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to receive the Execution Petition dated 21.09.2022 filed by the petitioner and to recover the dues from the pension

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amount payable by the third respondent to the fourth respondent, in accordance with law and to pay the same to the petitioner.

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3.The petitioner is having an Award in its favour for a sum of Rs.7,49,009/- and the said Award has been passed under Section 90 of the

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.34840 of 2022

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Tamil Nadu Co-operative Societies Act 30 of 1983. The petitioner seeks for early enforcement of the said Award.

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4.The petitioner has filed an Execution Petition before the second respondent on 21.09.2022 to execute the aforementioned Award. The petitioner also claims that the Award passed against the 4^th respondent in favour of the petitioner has also attained finality, since the said Award has not been challenged by the fourth respondent.

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5.Heard Mr.G.Ilamurugu, learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 and 2. Since no adverse orders are passed against the fourth respondent in this writ petition, notice to the fourth respondent is dispensed with.

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6.No prejudice would be caused to the respondents 1 to 3, if a

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direction is issued to the second respondent to execute the Award, dated

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.34840 of 2022

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vga

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ABDUL QUDDHOSE, J

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06.06.2019, passed in favour of the petitioner against the fourth respondent

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as expeditiously as possible, after issuing notice to the fourth respondent.

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For the foregoing reasons, this Court directs the second respondent to execute the Award passed in favour of the petitioner on 06.06.2019 in Claim No.68/2018-19 under Section 90 of the Tamil Nadu Co-operative Societies Act 30 of 1983 as expeditiously as possible, after issuing notice to the fourth respondent.

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8.With the aforesaid reasons, this writ petition is disposed of. No costs.

02.01.2023

vga Index:Yes/No

1.The Joint Registrar of Co-operative societies, Thiruvallur District.

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2.The Deputy Registrar of Co-operative Societies, Thiruvallur District.

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W.P.No.34840 of 2022

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4/4

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https://www.mhc.tn.gov.in/judis

Hvf (Heavy Vehicles Factory Employees Co-operative Thrift and Credit Society Ltd.,) v. The Joint Registrar of Co-Operative societies

Case brief

What is this about?

What did the court decide?

Hvf (Heavy Vehicles Factory Employees Co-operative Thrift and Credit Society Ltd.,) v. The Joint Registrar of Co-Operative societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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