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2010 Supreme(Mad) 2422

High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI & THE HONOURABLE MR. JUSTICE B. RAJENDRAN
M/s.Kalpana Chit Funds rep. By its Partner D. Balachander
Versus
M. Prem Selvi & Others
Writ Appeal Nos.3114 to 3116 of 2001
Decided On :Decided On : 22-06-2010

Advocates Appeared:
For the Appellant:V. Nicholas, Advocate.
For the Respondents:K.S. Karthick Raja R1, for M/s. T.R. Rajaraman, Advocate. & R2 & R3, M. Dhandapani, Spl. Govt. Pleader.

The central legal point established in the judgment is the importance of complying with the mandatory requirements of the Chit Funds Act, particularly Section 33, and the need to afford reasonable opportunity to the parties involved in chit fund disputes.

Headnote:

Chit Funds Act - Chit Fund Disputes - Section 33 - Summary of Acts and Sections: Chit Funds Act, 1982, Section 33 - The court discussed the mandatory requirement of issuing notice of demand under Section 33 of the Chit Funds Act and the violation of principles of natural justice. The court also highlighted the importance of affording reasonable opportunity to the parties involved in chit fund disputes.

Fact of the Case:

The Writ Appeals were filed against the order of the learned single Judge, which quashed the Government Orders confirming various orders passed by the Deputy Registrar of Chits. The chit fund subscribers failed to pay the balance installments, leading to arbitration and subsequent appeals before the Government.

Finding of the Court:

The court found that there was a violation of principles of natural justice and non-compliance with the mandatory requirement of issuing notice of demand under Section 33 of the Chit Funds Act. The learned single Judge quashed the Government Orders and allowed the writ petitions on these grounds.

Issues: The main issues revolved around the violation of principles of natural justice, non-compliance with Section 33 of the Chit Funds Act, and the need for affording reasonable opportunity to the parties involved in chit fund disputes.

Ratio Decidendi: The court held that the appellate authority should have afforded reasonable opportunity to the chit fund subscribers and independently arrived at a conclusion with reference to the records examined. The violation of principles of natural justice and non-compliance with Section 33 of the Chit Funds Act led to the quashing of the Government Orders.

Final Decision: The court set aside the order of the learned single Judge and remitted the matter back to the State of Tamil Nadu to consider the appeals afresh after affording reasonable opportunity to the parties involved in the chit fund disputes.

Judgment :-

(R.BANUMATHI, J.)

1. These Writ Appeals are preferred against the order of learned single Judge allowing the Writ Petitions in W.P.No.12530, 12529 and 12531 of 1993 dated 28.09.2000 and thereby quashing the Government Orders confirming the various orders passed by the third respondent/Deputy Registrar of Chits.

2. Since all the Writ Appeals arise out of common order involving common issues, all Writ Appeals shall stand disposed of by this common judgment.

3. W.A.No.3114 of 2001: The first Respondent M.Prem Selvi was a subscriber to Chit Nos.3 and 4 conducted by the Appellant – M/s.Kalpana Chit Funds, Coimbatore for chit amount of Rs.1 lakh each. She later withdrew from Chit No.4 and she bid chit No.3 for a sum of Rs.70,000/- and received the prize amount on 27.08.1988 after executing a promissory note. The first respondent paid Rs.50,000/- only and failed to pay the balance instalments for Rs.50,000/-. The Appellant - Chit Company therefore filed a petition for arbitration before the third respondent. After conducting enquiry, the third respondent passed an award in favour of Appellant – Chit Company and directed the first respondent to pay a sum of Rs.53,995/- with interest at 12 percent per annum and costs. As against the order passed by the third respondent, the first respondent filed Appeal before the Government under Section 70 of Chit Funds Act contending that there is no money due by her to the Appellant. Upon consideration of the contention of the first respondent and the connected records Government rejected the Appeal filed by the first respondent and dismissed the Appeal by the Order in G.O.Rt.No.736 OR & RE Department dated 2.3.1993.

4. W.A.No.3115 of 2001: The first respondent V.Madhu was a subscriber to ticket Nos.12,13, 14 and

15 in the chits conducted by the Appellant – M/s.Kalpana Chit Funds, Coimbatore. He transferred 3 tickets No.13, 14 and 15 and subscribing to ticket No.13 only. He bid ticket No.13 for a sum of Rs.30,000/- and received the prize amount of Rs.70,000/- on 21.12.1988 after executing a promissory note. The first respondent paid Rs.30,000/- only and failed to pay the balance instalments for Rs.70,000/-. The Appellant - Chit Company therefore filed a petition for arbitration before the third respondent. After conducting enquiry, the third respondent passed award in favour of Appellant – Chit Company and directed the first respondent to pay a sum of Rs.76,095/- with interest at 12% till date of realisation and costs. As against the Order passed by the third respondent, the first respondent filed Appeal before the Government under Section 70 of Chit Funds Act. Upon consideration of the contention of the first respondent and the connected records Government rejected the Appeal filed by the first respondent and dismissed the Appeal by the Order in G.O.Rt.No.1176 CT & RT dated 21.4.1993.

5. W.A.No.3116 of 2001: The first respondent V.Madhu was a subscriber to Chit No.231/88 conducted by the Appellant – M/s.Kalpana Chit Funds, Coimbatore for chit amount of Rs.1 lakh each. He has subscribed 3 tickets viz., Nos.5, 6, 7 at first. Due to default of subscriptions, he was removed in two tickets i.e., 6 and 7 and he bid the chit for ticket No.5 for a sum of Rs.70,000/- and received the prize amount on 24.6.1988 after executing a promissory note. The first respondent paid Rs.50,000/- only and failed to pay the balance instalments for Rs.50,000/-. The Appellant - Chit Company therefore filed a petition for arbitration before the third respondent. After conducting enquiry, the third respondent passed an award in favour of Appellant – Chit Company and directed the first respondent to pay a sum of Rs.53,995/- with interest at 12 percent per annum and costs. As against the Order passed by the third respondent, the first respondent filed Appeal before the Government under Section 70 of Chit Funds Act contending that there is no money due by her to the Appellant. Upon consideration of the contention of the









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