Allowed

Uppula Suresh Kumar v. M/s. Shriram Chits Pvt. Ltd.

Telangana HC25 Jan 2024CRP/90/2024

Case brief

AI extract

What is this about?

This judgment holds that the revision petition challenging an ex parte Award and Recovery Certificate passed by the Deputy Registrar of Chits should be allowed. The court remanded the matter for a fair hearing by affording parties an opportunity to be heard.

What did the court decide?

The impugned Award and Recovery Certificate dated 09.11.2018 are set aside. The matter is remanded to the Deputy Registrar to reconsider evidence and pass orders after notice to parties within three m

Uppula Suresh Kumar Vs M/s. Shriram Chits… — Civil Procedure and Limitation | Telangana HC (2024)

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IN THE HIGH COURT^{FOR THESTATE OF TELANGANA AT HYDERABAD}

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THURSDAY,^{THE TWENTY FIFTH DAY OF JANUARY} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE K.LAKSHMAN}

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CIVIL REVISION PETITION^{NO:90OF 2024}

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Petition under Atticle^{227 of the constitution of lndia, aggrieved by the order and} Recovery Certificate,^{dated 09-11-2018,passed in AA/CF/No' 526 ot2O17} '^by the file Deputy^{Registrar of Chits Warangal District at Warangal'}

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ii^: ... i'^{.lii 1;r} ,t '_; -

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Between:

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Uooula Suresh Kumar, S/^{o. Yadagiri, Age.42 Years,Occ' Teacher,MPPS} 6fi5Ji, in""or, nvo H^{No. 19-6I Khaiierpet, Ameenabad,Chennaraopet,} Warangal.

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...PETITIONER/OPPONENT^NO.3

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AND

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' M/s. Shriram Chits^{Pvt. Ltd.,, Mahabubabad Branch, MahabubabadProper} inO Oistrict, represented^{by its ManagerP. Ramakrishna S/o. Gopal Rao'}

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,:.:.. i:i ,'. r':

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The Honble Deputy^{Registrar of Chits andDistrict Registrar, Warangal,} Warangal District.

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...RESPONDENTS^;'

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;^r., g:)ti4- t .

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1. - Uppala Srinivas, il{iinze,Gummudur, S/o.^Yadagiri, Ir,laihabudabad.^{Age. 50 Years, Occ.Business, R/ o. H. No.} i $!?f i#ffi.6.b."fEl"*fli: f-.r.r,

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Vasam Sambaiah, S/o. Peddulaiah,^{Age. 37 Years, Occ. Teacher TWGPS,l} Nelavancha, Ryo. H. No. 1-1^1/'1, Gudur,^{Matwada, Warangal.}

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Bommisetty Seshagiri, S/o. Narayana,^{Age. 57 Years,Occ. Business,Rl/ o.} H. No. 4-23, Main Road, Garla.

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Mekala Bhaskar, S/o. Yadagiri,^Age. 38^{Years,Occ. Business, R"/ o. H- No.} 3-84/2, Redlawada, Nekkonda, Warangal.

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...RESPONDENTS/OPPONENT No. 1,2 4 & 5

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(Respondents Nos . 3 to 6 are not necessary parties to this petition)

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lA NO: 1 OF 2024

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Petition under Section 151 of C.P.C., praying that in the circumstances. stated in the affidavit filed in support of the^petition, the High Court may bd pleased to dispense with the filing of the award and recovery certificate passed^, in AA,/CF/No. 526 of 2017, on the file of the Deputy Registrar of Chits Warangal District at Warangal, dated 0941-2018.

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lA NO: 2 OF 2024

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Petition under Section 151 of C.P.C., praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be pleased to stay of all further proceedings in pursuance of the award and recovery certificate^passed in AA/CFINo. 526 of 2017. on the file of the e Deputy Registrar ;, of Chits Warangal District at Warangal, dated 09-^{11 -201} 8. including execution .1N: proceedings in E.P. No. 23 of 2O19, on the file of Senior Civil Judge at S Mahabubabad.

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Counsel for the Petitioners :SRl. K. VENUMADHAV Counsel for the Respondent No.1 : SRI N. SRIKANTH GOUD Counsel for the Respondents No. 2 : None Appeared The Court made the following : ORDER

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E i i

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HON'BLE SRI JUSTICE K. LAKSHMAN

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CML REVISION PETITION No.90 OF 2024

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ORDER:

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Heard Mr. Kamtala Krishna Kalyan, learned counsel for the petitioner and Mr. N.Srikanth Goud, leamed counsel appearing for the l^t' respondent.

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Aggrieved with the Award and Recovery Certifrcate both dated 09.11.2018 passed in AA/CF,tJo.526 of 2017 by the Deputy Registrar of Chits, Warangal District at W arangall2nd respondent, the petitioner/ Opponent No.3 filed the present Civil Revision Petition

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l't respondent has filed an application under Section 64 of the Chit Fund Act, 1982 be{bre 2"'r respondent for recovery of Rs.9,lg,977l-. The petitioner hcrein is a guarantor to 3'd respondent herein, the subscriber of the chit. In the impugned Award, dated 09.1 I .2008, it is mentioned that thc case^was taken up^{for hearingand} notices were sent to the respondents/opponents by Registered Post with Acknowledgment Due(RPAD) to appear on 08.09.2017.^The Opponents 4 and 5 received noticcs^{withpropcr acknowledgmentand} Opponents I to 3 not reccived noticc^{and not appeared in the court.} Therefore, public notice^u'as also^{dircctcd to be issuedin Telugu daily}

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'Namasthe Telangana". Accordingly, this publication was issued. Even then, the petitioner herein did not appear before 2nd respondent. Therefore, 2nd rcspondent has passed the impugned Award and issued Recovery Certificate.

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Perusal of the record would reveal that 2"d respondent extracted pleadings of the parties and passed an order saying that in exercise of powers conferred under Section 69 of the (lhit Fund Act, 1982, in view of above disputant/l't respondent hcrein is found entitled to recover total amount of Rs.9,19,977/- with interest at l%op.a. on lhe principal amount of Rs.8,10,200/- fiorn rhe dare of filing to till date of passing of Award and cosrs of Rs.13,245/- and with interest at l2%op.a. from the date of Award till reatization.

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In the impugned Award, there is no consideration of evidence let in by l't respondent and documents fited by hirn. Ilven ex parte order should be passed on merits. 2nd respondent should have given reasons in the said order on consideration of both oral and documentary evidence. Any order without reasons is an order rvithout application of mind and it is nullity.

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Therefore, without going into merits, this re vision is allowed. The impugned Award and Recovery Certificatc vidc AA/CF,No.526

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of 2017 both dated 09.11.2018 passed by the Deputy Registrar of Chits, Warangal District at Warangall2nd respondent, is hereby set

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aside. The matter is remanded back to 2nd respondent with a direction

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to consider the application filed by I't respondent and pass orders strictly in accordance with law by putting the parties on notice and

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affording them an opportunity. The 2'd respondent is directed to

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complete the aforesaid exercise within three months from the date of

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receipt ofa copy ofthis order.

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As a sequel, miscellaneous petitions, if any, pending in the

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revision shall stand closed.

//TRUE COPY//

SD/. T. VIJAY KUMAR

ASSISTANT REGIS

sEcTtoN oFFlcER?i"

To,

1 The Deputy Registrar of Chits and District^{Registrar, Warangal, Warangal} District.

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2 The court of Senior Civil Judge at Mqahabubabad. 3 One CC to SRl. K VENUMADHAV^Advocate [OPUC] 4 One CC to SRl. N SRIKANTH GOUD Advocate [OPUC] 5 Two CD Copies

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HIGH COURT

DATED: 2510112024

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ORDER

CRP.No.9O of 2024

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ALLOWING THE CIVIL REVTSION PETITION

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Uppula Suresh Kumar v. M/s. Shriram Chits Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Uppula Suresh Kumar v. M/s. Shriram Chits Pvt. Ltd.

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

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