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2014 Supreme(Ker) 524

A.M.SHAFFIQUE
Sheeba Kuries Ltd. , represented by its Managing Director, M. D. Sreenivasan – Appellant
Versus
State of Kerala, represented by Secretary, Department of Registration – Respondent


Advocate Appeared
For the Petitioner:K.M. Sathyanatha Menon, Kavery S. Thampi, Advocates.
For the Respondents: R1 & R2, T. Rajesh, SC, HDFC Bank Ltd., R1 to R7, Tom K. Thomas, Spl. Govt. Pleader.

Judgment

1. This writ petition is filed seeking for a declaration that the information-cum-service/collection centers set up by the petitioner in the State of Kerala in respect of chits registered in Maharashtra does not amount to opening a new place of business within the meaning of Section 19(4) of the Chit Funds Act, 1982 (for short 'the Act') and for a declaration that the petitioner need not register their chit which is already registered in the State of Maharashtra and for a further direction to respondents 5 and 6 not to take any coercive steps or register any crime against the petitioner for running the collection centre of their chit.

2. The facts involved in this case would disclose that the petitioner company is running a chit under the name and style Sheeba Finance and Kurries Ltd., which is a company registered in the State of Maharashtra. According to them, all chits are commenced and conducted from the registered office at Pune in accordance with the Chit Fund Act, 1982 and the Maharashtra Chit Fund Rules, 2004. Since their business expanded considerably, they have arranged for services like enquiry, door to door service to the customers and for establishment of colle





































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