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2020 Supreme(Mad) 2315

AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY
Incorporated Chit Funds Association – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Appellant : A. Muthukumar
For the Respondents: T.M. Pappiah, Spl. Govt. Pleader

ORDER :

Senthilkumar Ramamoorthy, J.

1. Appendix II of the Tamil Nadu Chit Fund Rules, 1984 (the TN Chit Funds Rules) was substituted by an amendment thereto which was effected by G.O.Ms. No. 176, Commercial Taxes and Registration (G), dated 29.11.2017 in exercise of powers conferred by Section 89 read with Section 62 and 63 of the Chit Funds Act, 1982 (the Chit Funds Act). The said amendment is challenged in this writ petition on the ground that it is arbitrary, capricious and unconstitutional. Although the amendments to Appendix II as a whole are challenged in the writ petition, at the time of hearing, the learned counsel for the Petitioner confined the challenge to the amendment to Clause 12 of the Appendix which deals with disputes before the Arbitrator. Previously, the fee payable by the Petitioner was Rs. 30/- for every thousand or part thereof of the amount of claim in dispute. By the impugned amendment, the fee was increased to Rs. 50/- for every thousand or part thereof of the amount of claim in dispute. In other words, the fee was increased from 3% of the amount claimed to 5% of the amount claimed. The said increase is challenged on the ground that it is an exorbitant incre

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