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S. SOUNTHAR
Margadarsi Chit Private Limited – Appellant
Versus
P. Baskaran – Respondent
ORDER :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the Fair and Decreetal order dated 05.04.2018 in R.E.A.No.239 of 2013 in R.E.P.No.43 of 2009 on the file of the I Additional Subordinate Court, Salem.
The Civil Revision Petition is filed challenging the order passed by the Executing Court allowing the application filed by the 1st respondent under Section 47 of the Civil Procedure Code.
2. Heard argument of learned counsel for the petitioner. Though the respondents are served and their names are appeared in the cause-list, there is no representation for the respondents.
3. The petitioner herein obtained an award against the respondents for a sum of Rs.4,23,013/- under the provisions of Chit Funds Act, 1982. The same was put into execution by the petitioner in R.E.P.No.43 of 2009. The 1st respondent/Judgement Debtor No.5 filed an application in R.E.A.No.239 of 2013 under Section 47 of the Civil Procedure Code raising following objections against the execution of the arbitral award:-
The Deputy Registrar is competent to issue a certificate under Section 71 of the Chit Funds Act, 1982, and the execution petition was properly filed before the Civil Court as per the procedure outlin....
The execution of an arbitration award under the Chit Fund Act, 1982, relative to a commercial dispute, must follow the procedural requirement of the Registrar forwarding the award to the jurisdiction....
The execution of arbitral awards must adhere to procedural requirements, ensuring proper notice and compliance with legal standards.
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