SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(Ker) 282

S.KRISHNAN UNNI
Krishnamoorthy – Appellant
Versus
Khaleel Rahman – Respondent


Judgment :-

S. Krishnan Unni, J.

These civil revision petitions were heard together because they raise the same point regarding the maintainability of execution order passed by the Deputy Registrar of Chits, Thirupur who passed the award in the arbitration proceedings. The respondents have opposed the maintainability contending that Execution Petitions are not maintainable. In all these cases, the Deputy Registrar appointed under S.61 of the Chit Funds Act, 1982 had passed arbitration awards and sent them for execution to the Civil Court. The Munsiff, Chittur by a common order held that the Registrar is not a civil Court and that he cannot transfer the awards for execution under S.39 C.P.C. and dismissed the Execution Petitions. The revisions arc directed against the said order,

2. The petitioner contended that the transfer of the award is perfectly legal and valid, under S.71 of the Chit Funds Act. The respondents' counsel contended, that Registrar is not a Court and not being so, cannot transfer his own award for execution. Under S.39,

"(1) The court which passed a decree may, on the application of the decree-holder, send it for execution to another court of competent jurisdiction,










































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top