The High Court dismissed a writ petition challenging an arbitration award under the Chit Funds Act, 1982 and consequential execution proceedings on the grounds of lack of jurisdiction, holding the matter was already decided in C.R.P.No.2338 of 2018.
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.
[32s6 I
; I II I I I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:37193 OF 2022
Between:
...PETITIONER(S)
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature ofa Writ of Mandamus, declaring the arbitration Award dated 29-01-2020 in A.R.B.No.747l2018 passed by the 3rd respondent acting as an Arbitrator for a sum of Rs.10,89,577l- against the borrower and guarantors(Petitioners) including the issuance of consequential recovery certificate under Section 7l of Chit Fund Act, 1982 without there being any Notification under sub-Section(l) of Section 6l of Chit Fund Act,l982 and consequential Execution Proceedings inE.P.No.90/2021 in ARB No.74712018 on the file of the II Add[. Junior Civil Judge at Karimnagar as illegal, arbitrary and without jurisdiction and consequently declare that the 3rd respondent has no jurisdiction to entertain andpass arbitrationA*'ard in A.R.B.No.747l2018, dated.29-01-202O atthe
instance of the 4th respondent without there being any Gazette Notification which required as per Sub-Section (1) ofSection 61 ofthe Chit Funds Act, 1982 and Rule 48 of Telangana Chit Fund Rules, 2008 and set aside the consequential Execution Proceedings in E.P.No.90/2021 in ARB No.747l2018 on the file of the II Addl. Junior Civil Judge at Karimnagar and the consequential salary attachment orders issued by the said Court as being illegal, unlawful and contrary to the purport of the Chit Funds Act, 1982 and Rule 48 ofTelangana Chit Fund Rules,2008,
IA NO: I OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the alfidavit filed in support of the petition, the High Court may be pleased to suspend the arbitration Award passed by 3rd respondent acting as an Arbitrator for a sum of Rs.10,89,5771 against the borrower and guarantors (lst Petitioner is the borrower and the Petitioners 2 to 5 are guarantors) in ARB No.747l1018, dated 29-01-2020, Execution Proceedings in E.P.No.90/2021 in ARB No.747l2018 on the file of the II Addl. Junior Civit Judge at Karimnagar and the consequential order of attachment ofsalary,
Counsel for the Petitioner(s):SRl. BONDEMPALLY RAMULU
Counsel for the Respondents I to 3 : GP FOR STAMPS AND REGISTRATION
The Court made the following: ORDER
l'
THE HON'BLE SRI JUSTICE MIIMMINENI ST'DHEER KI'MAR WRIT PETITION No.37193 of 2022
ORDER:
After having heard learned counsel for the petitioners and learned counsel appearing for respondent No.4, this Couri prima facira expressed a view on 22.02.2023 that the issue involved in this writ petition is squarely covered by an order passed by the Division Bench of this Court in C.R.P.No.2338 of 2O 18, dated O5.1 l.2O 18, and adjourned the matter to enable the learned counsel for the petitioners as well as the respondents to verify and report the same to this Court.
I
and the reasons stated therein, this writ petition is also
Cismissed. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in the writ
petitions shall stand closed.
SD/.T.JAYASREE
ASSISTANT REGISTRAR
//TIIUE COPY//
-1
SECTION OFFICER
To,
(AI.ONG wlTH ORDER COPY OF C.R.P No. 2338 of 2018 DATED: 05.r 1.20r8)
HIGH COURT
MSK,J
DATED:2710212023
ORDER
,
l;5
4 .v
i,J
F s a
o q
f, t-l
WP.No.37193 of 2022
WP IS DISMISSBD WITHOUT COSTS
Colour shows how this judgement treated each authority
C.R.P.No.2338 of 2018, dated 05.11.2018Referred¶30
Manthena Dayakar
Samudrala Chandramouli
B. Ramakrishna
Baireddy Sridhar Reddy
Gone Bhoopathi
The State of Telangana
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
