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2008 Supreme(Mad) 3792

D.MURUGESAN, V.PERIYA KARUPPIAH
Sriram Chits Tamil Nadu (P) Ltd. , rep. by its Executive Director, Chennai – Appellant
Versus
The State of Tamil Nadu rep. by its Secretary to Government & Others – Respondent


Advocates Appeared:
For the Appellant :M.S. Krishnan, Senior Counsel, M/s Sarvabhauman Associates, Advocate.
For the Respondents:R1 & R2, R. Thirugnanam, Spl. Government Pleader, R3, No appearance, R4, AL.Ganthimathi, Advocate.

Judgment :-

D. Murugesan, J.

The appellant is Sriram Chits Tamil Nadu (Private) Limited. The fourth respondent by name S.M.Bakir Mohammed approached this Court by filing Writ Petition No.2049 of 2002 questioning the order of the Secretary to Government, Commercial Taxes Department dated 112. 2000 and for a consequential direction to the Secretary to Government to take the appeal of the fourth respondent/writ petitioner filed against the order of the Deputy Registrar of Chits dated 2. 2000.

2. The writ petition came to be filed on the following facts:-

The fourth respondent (hereinafter referred to as "the writ petitioner") was a subscriber to a chit under the Agreement No.72 of 1994 in Suriya Chit Funds, Pollachi, namely, the third respondent and the maturity amount of which was Rs.50,000/- payable in 20 installments i.e., Rs.2500 x 20. He had been regularly paying the installments and during the sixth auction, he bid the auction and took the chit for Rs.35,000/-. According to him, he has paid the entire amount towards the bid and there was no dues. However, Suriya Chit Funds, the third respondent, filed an arbitration case against the writ petitioner before the Deputy Registrar of



















































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