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2010 Supreme(Del) 669

INDERMEET KAUR
SHAKUNTALA DEVI – Appellant
Versus
MADADGAR CHIT FUND PVT. LTD. – Respondent


Advocates appeared:
Mr.Sugriva Dubey, Advocate.
None.

JUDGMENT

INDERMEET KAUR

1. This appeal is directed against the impugned judgment dated 12.10.2000 which had confirmed the finding of the Trial Judge dated 22.10.1990 whereby the award was made a Rule of Court.

2. The factual matrix of the case is as follows:

i. Smt.Shakuntala Devi had approached the plaintiff company for becoming a member of their chit fund. She was made a member subject to the condition of her producing two sureties i.e. defendant no.2 and defendant no.3. The advance amount required for membership was deposited by respondent no.1; instalments were to be paid by her. There was default; matter was referred to arbitration. The Sole Arbitrator pronounced the Award.

ii. Plaintiff M/s Madadgar Chit Fund Pvt. Ltd. filed an application under Section 14/17 of the Indian Arbitration Act 1940 for making the Award dated 16.2.1988 pronounced by Mr.I.S Bakshi, the Sole Arbitrator as a Rule of the Court. Objections to the said award were filed by the respondents. They were rejected. The Award was made a Rule of Court on 22.10.1990.

3. On 12.10.2000 the first Appellate Court confirmed this finding.

4. This is a second appeal. After its admission, on 2.11.2004 the follow














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