Members of a chit fund who defaulted on instalments challenged the Government's rejection of their delayed appeal against an ex parte arbitration award. The court found sufficient hearing opportunities were given and dismissed the writ petition.
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.No.20928 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.20928 of 2018 and
W.M.P.No.24570 of 2018
1.K.S.Kalidass
2.K.Chokkalingam
... Petitioners
Vs.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of impugned order dated 17.05.2018 passed by the 1 st respondent vide proceedings in G.O.(D).No.100 and quash the same.
For Petitioners : Mr.K.Myilsamy
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W.P.No.20928 of 2018
For R1 and R2 : Mr.G.Ameedius Government Advocate For R3 : Not ready in notice
O R D E R
The order passed by the 1st respondent in G.O.(D) No.100 Commercial Taxes and Registration (G) Department dated 17.05.2018 under Section 70 of the Chit Funds Act, 1982 (hereinafter referred to as 'the Act') is under challenge in the present writ proceedings.
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W.P.No.20928 of 2018
Government had examined the contentions of the writ petitioners with the records relating to the Chit arbitration case before the Arbitrator of Chits, Coimbatore. It is observed from the records that the hearings were conducted for about 30 occasions and the appellants appeared for the hearings conducted only on few dates. The writ petitioner Thiru.K.S.Kalidass himself appeareard before the Arbitrator on 16.04.2015. On the other dates, neither the writ petitioners nor their Counsel attended the hearing. Thus, the Chit Arbitrator, Coimbatore passed an exparte award in ARC No.13 of 2014.
For the above reasons, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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W.P.No.20928 of 2018
veda
veda Index : Yes / No Speaking order / Non-Speaking Order Neutral Citation : Yes / No
10.01.2024
To
S.M.SUBRAMANIAM, J.
veda
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W.P.No.20928 of 2018
W.P.No.20928 of 2018
10.01.2024
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1 issue framed by the court
Whether the Government rightly rejected the petitioners' appeal under Section 70 of the Chit Funds Act against an ex parte chit arbitration award, filed with a delay of 325 days.
2 provisions across 2 enactments
K.S.Kalidass
K.Chokkalingam
The Principal Secretary to the Government, Commercial Tax and Registration (G) Department, Chennai
The Arbitrator Cum Deputy Registrar of Chits, District Registrar's Office, Coimbatore
M/s.Shriram Chits Tamil Nadu Limited, R.S.Puram, Coimbatore
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
