IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J
Mohammad Imam Pasha – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.9988 OF 2026
| Table of Content |
|---|
| 1. petitioner seeks mandamus for failure of the authority to hear a statutory appeal against an arbitration award. (Para 1 , 2 , 3 , 4) |
| 2. parties agree on the necessity for the expeditious disposal of the pending statutory appeal. (Para 5 , 6) |
| 3. the court mandates the disposal of the appeal and stay application on merits within four weeks. (Para 7) |
ORDER
Heard Sri P. Rama Sharana Sharma, learned
counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Revenue, appearing
on behalf of respondent Nos.1 to 3.
2. The petitioner approached the Court seeking
prayer as under:
“…to pass an order or direction or writ more particularly in the nature of Mandamus duly declaring the action of the 1st respondent in not considering the appeal filed under Section 70 of the Chit Funds Act
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SN,J W.P. No.9988 of 2026
dated 23.12.2023, as against the award passed by the sole Arbitrator in Arbitration Case No. 606 of 2019 by the sole Arbitrator as illegal, arbitrary and against the principles of natural justice and consequently, direct the 1st respondent to adjudicate the appeal as well as the interlocutory application for stay within a specific
time in the interest of justice and to pass...”
3. The case of the petitioner, in brief as per the averments made in the affidavit filed by the petitioner
in support of the present Writ Petition is as under:-
The petitioner joined in the Chit Fund Company with
the respondent No.4 in Group No. KNTO5M-3 and became successful bidder in the auction held on 28.04.2017. The respondent No.4 did not release the chit amount to the petitioner. The respondent No.4 started deducting the bid installments from the petitioner from the month of May, 2017 itself. The respondent No.4 filed Arbitration Case and Execution Petition against the petitioner. The petitioner filed appeal before the respondent No.1 herein along with stay petition seeking stay of operation of the Award. Aggrieved by the action of the 1st respondent in not considering the appeal against the award passed by the sole
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Arbitrator in Arbitration Case No.606 of 2019, the petitioner had approached this Court by filing the present writ petition.
4. PERUSED THE RECORD
DI SCUSSI ON AND CONCLUSI ON :
5. The learned counsel appearing on behalf of the petitioner submits that aggrieved against the award passed by the sole Arbitrator in Arbitration Case No.606 of 2019 dated 30.04.2019, the petitioner preferred appeal under Section 70 of Chit Fund Act, 1982 before the 1st respondent on 23.12.2025 along with I.A. seeking stay of the operation of the award dated 30.04.2024 passed in Arbitration Case No.600 of 2019 on the file of Chit Arbitrator/Deputy Registrar of Chits at Karimnagar. The matter had not been heard as on date and therefore, appropriate orders may be
passed in the interest of justice.
6. The learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3 does not oppose passing of orders for expeditious disposal of the appeal filed by the petitioner under
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Section 70 of the Chit Fund Act, 1982, dated 23.12.2025 before the 1st respondent herein aggrieved against the aw ard passed by the Sole Arbitrator in Arbitration Case No.606 of 2019, dated
30.04.2019.
7. Taking into consideration :
(a) The aforesaid facts and circumstances of
the case,
(b) The submissions made by the learned
counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Revenue,
appearing on behalf of respondent Nos. 1 to 3,
(c) The aw ard dated 30.04.2024 passed by the
Chit Arbitrator/ Deputy Registrar of Chits at
Karimnagar,
(d) The fact that petitioner has preferred the
appeal against the said Aw ard dated 30.04.2024 passed in Arbitration Case No.606 of 2019 before the Chit Arbitrator/ Deputy Registrar of Chits at
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SN,J W.P. No.9988 of 2026
Karimnagar dated 23.12.2025 is the 1st respondent
herein.
The w rit petition is disposed of directing the
respondent No.1 to co
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