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B. S. BHANUMATHI
Badamneni Srinivas Rao – Appellant
Versus
Venkata Tirumala Chit Fund Pvt. Ltd. – Respondent
ORDER :
1. This petition is filed under Article 227 of the Constitution of India to dismiss E.P. No. 53 of 2018 in Dispute No. 213 of 2014 on the file of the Court of Principal Junior Civil Judge, Narasaraopet.
2. Heard Sri M. Janardhan Rao, learned counsel for the petitioners/JDrs 2 and 3 and Sri K.M.R. Bala Prasad, learned counsel representing Sri P. Durga Prasad, learned counsel for R-1/DHr.
3. 1st respondent/DHr filed E.P. No. 53 of 2018 under Order 21, Rule 37 CPC against JDrs 1 to 3 (JDr No. 4 died) for execution of an order dated 24.08.2016 passed by the Deputy Registrar of Chits, Narasaraopet under Section 69 of the Chit Funds Act, 1982 (in short ‘the Act 1982’) based on a Certificate of Transfer of Award dated 17.02.2018 issued by the Deputy Registrar of Chits, Narasaraopet, on an application filed by the DHr under Rule 55(2) and (3) of A.P. Chit Fund Rules, 2008 (in short ‘the Rules, 2008’) to send the award/decree for execution by the Court of Principal Junior Civil Judge, Narasaraopet with a non-satisfaction memo.
4. The learned counsel for the petitioners argued as in the revision petition, mainly classify his objections into two points, viz. (1) that the Deputy Registrar
The Deputy Registrar is competent to issue a certificate under Section 71 of the Chit Funds Act, 1982, and the execution petition was properly filed before the Civil Court as per the procedure outlin....
The execution of an arbitration award under the Chit Fund Act, 1982, relative to a commercial dispute, must follow the procedural requirement of the Registrar forwarding the award to the jurisdiction....
The definition of 'Registrar' under the Chit Funds Act includes Deputy Registrars, and a certificate issued by a Deputy Registrar is sufficient for the execution of an arbitral award.
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