HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.3572 of 2024

ORDER

Heard Sri K. Buchi Babu, learned counsel for the petitioner and Sri K. P. Vijay Kumar, learned counsel for the respondent. Perused the record.

2. This Civil Revision Petition is filed under Section 115 of C.P.C, challenging the order, dated 28.08.2024 in E.P.No.25 of 2020, passed by the leaned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Huzurabad.

3. Petitioner is the subscriber of the Chit with respondent No.1. J.D.R.Nos.2 to 4 are the guarantors to the said Chit Funds. Respondent No.1 has filed an application under Section 64 of the Chit Funds Act, 1982 (for short ‘the Act, 1982’) vide ARB.No.635 of 2014 before the Chit Arbitrator/ Deputy Registrar of Chits, Karimnagar, claiming an amount of Rs.3,67,352/- along with interest @ Rs.18% per annum on the principal amount of Rs.3,17,391/- from the date of filing of dispute till the date of realization of said amount and cost of suit against the petitioner and guarantors. Learned Deputy Registrar of Chits/ Chit Arbitrator has passed an award, dated 27.06.2015 holding that the petitioner and guarantors are jointly and severally liable to pay the said amount to the decree holder.

4. Thereafter, respondent No.1 has filed an execution petition vide E.P.No.25 of 2020 under Order XXI Rule 48 of C.P.C for execution of the said award. Vide order, dated 24.08.2024, the Executing Court allowed the said execution petition and issued salary attachment warrant against J.D.R.Nos.1 to 5 on payment of process. Challenging the said order, petitioner filed the present Civil Revision Petition.

5. Sri K. Buchi Babu, learned counsel for the petitioner would contend that the execution petition filed by respondent No.1 vide E.P.No.25 of 2020 barred by limitation. He placed reliance on Section 71 of the Chit Funds Act, 1982 (for short ‘the Act, 1982’). Without considering the same, learned Executing Court entertained the said Execution Petition and passed the impugned order, dated 28.8.2024.

6. Whereas, Sri K. P.Vijay Kumar, learned counsel for respondent No.1 would contend that respondent No.1 has filed the aforesaid Execution Petition in terms of Section 71(a) of the Act, 1982 and therefore, the same is proper. He would further contend that neither the petitioner nor other J.Drs challenged the Award, dated 27.06.2015 of the Deputy Registrar of Chits/ Chit Arbitrator at Karimnagar. On consideration of the said aspects only, the learned Execution Court has passed the impugned order, dated 28.08.2024 in E.P.No.25 of 2020. There is no error in it.

7. As discussed supra, respondent has filed an application under Section 64 of the Act, 1982 before the Deputy Registrar of Chits/ Chit Arbitrator for recovery of the aforesaid amount. Learned Deputy Registrar of Chits/ Chit Arbitrator has passed an award, dated

27.06.2015.

8. Perusal of record would reveal that on the application dated 22.01.2020 submitted by respondent No.1, learned Deputy Registrar of Chits/ Chit Arbitrator at Karimnagar has forwarded the Certificate, dated 23.01.2020 to the learned Principal Junior Civil Judge, Huzurabad/Executing Court.

9. Thus, respondent No.1 being the decree holder has submitted an application, dated 22.01.2020 to the Deputy Registrar of Chits/ Chit Arbitrator at Karimnagar with a request to furnish the certificate issued under Section 71(a) of the Act to the Executing Court.

10. Respondent has filed Execution Petition under Order XXI Rule 12 and 13 of the C.P.C vide E.P.No.25 of

2020 before the Executing Court on 04.02.2020.

11. In the light of the submissions made by the learned counsel for the petitioner that the subject Execution Petition is barred by limitation in terms of Section 71(b) of the Act, 1982, it is relevant to extract Section - 71 of the Chit Funds Act, 1982:

“71. Money how recovered.—Every order passed by the Registrar or the nominee under section 68 or section 69 and every order passed by the State Government