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IN THE HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI
Atmakuru Nirmalamma, W/o. A. Kamaiah – Appellant
Versus
State of A.P., Dept., of Revenue (Registration and Stamps), Rep. by its Special Chief Secretary – Respondent
JUDGMENT :
Heard Sri Mutyala Sobhanadri Naidu, learned counsel for the petitioner and Sri Dilip Nayak K., AGP for Revenue for the respondents 1 to 3.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the Order vide Letter No.REV01-REGSOACTS (CHIT)/49/2024-REGN.II, Dated 28.10.2024, informing the petitioner about the dismissal of her Appeal filed under Section 70 of the Chit Funds Act, 1982 as barred by limitation under the provisions of the said Act.
3. M/s.Margadarsi Chit Fund Private Limited, the 4th respondent, filed an arbitration case against 6 persons, including the petitioner, under Section 64 of the Chit Funds Act, 1982, before the Deputy Registrar of Chits, Tenali for recovery of an amount of Rs.17,67,275/- along with interest and costs, which was numbered as D.I.S.(Dispute) No.32/2016. The 4th respondent-M/s. Margadarsi Chit Fund Company was carrying on the chit fund business. One A. Prathyusha is the subscriber of the 4th respondent Chit Fund Company having subscribed to Ticket No.40 in chit group, LT005D TL dated 27.03.2014. The chit amount was valued at Rs.25,00,000/-. The total months were 50 and the monthly
The Chit Funds Act does not permit the condonation of delay in appeals under Section 70, and the Limitation Act is not applicable to such appeals.
The DRT has the authority to condone delays in applications under Section 17 of the SARFAESI Act, applying the Limitation Act provisions.
The DRT must consider the Limitation Act's provisions regarding the condonation of delay in SARFAESI applications, ensuring just consideration of delay reasons.
The Limitation Act, 1963 applies to the Maharashtra Protection of Interest of Depositors Act, 1999, allowing for the condonation of delay in filing affidavits unless expressly excluded.
Bar contained in sub-section (3) of Section 64 of the Chit Funds Act has no application to any suit or other proceedings filed before the civil court, in respect of dispute relating to any chit start....
A formal application for condonation of delay is not necessary; oral requests sufficing with sufficient cause are valid in proceedings under the U.P. Land Revenue Act.
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