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2022 Supreme(Online)(KER) 38337

HIGH COURT OF KERALA
V. G. Arun, J
NAVODAYA KURIS AND LOANS LTD. REP.BY CHAIRMANJOSE .K. FRANCIS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.K.SAJEEV

JUDGMENT

Dated this the 25th day of October, 2022 The petitioner sought reference of certain disputes to the Registrar of Chits for Arbitration, as provided under Section 64 of the Chit Funds Act, 1982 . The petitioner's absence resulted in the reference being dismissed for default. Thereupon, the petitioner preferred an application for restoration after 2 years. That application having been dismissed, the petitioner preferred an appeal under Section 70 of the Act. The appeal was also dismissed, finding the time limit for filing the appeal to be long over.

Hence, this writ petition.

2. Learned Counsel for the petitioner submitted that, insofar as the initial reference and the appeal are decided without entering into the merits of the reference application, the petitioner may be permitted to submit a fresh reference application as per Section 65 (3) of the Act.

3. Learned Government Pleader submitted that the Chit Fund Act does not provide for repeated requests for reference and even otherwise, the second application is barred by the principles of res judicata.

4. Insofar as the petitioner intends to file a fresh reference application, he can do so. It is for the second respondent to

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