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High Court for State of TelanganaCRP/2948/2015disposed of no costs

Smt. P.Malathi v. M/S Margadarsi Chit Fund Private Limited

2015-07-28R.Subhash Reddy,A.Shankar Narayana3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CIVIL REVISION PETITION No.2948 OF 2015 Between:

Smt. P. Malathi .. Petitioner and M/s. Margadarsi Chit Fund Private Limited and others .. Respondents DATE OF JUDGMENT PRONOUNCED: July 28, 2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.2948 OF 2015 ORDER: (Per Hon'ble Sri Justice R. Subhash Reddy) This revision petition, under Article 227 of the Constitution of India, is filed aggrieved by the order, dated 16.06.2015, passed in I.A.No.51 of 2015 in AA/CF/No.259 of 2015 by the Deputy Registrar of Chits/Arbitrator, L.B. Nagar, Ranga Reddy District, ordering attachment of the petition schedule property before judgment, in exercise of powers conferred under Section 68 (2) of the Chit Funds Act, 1982.

Mainly, it is the allegation of the petitioner that the petition schedule property is situated at Karimnagar District and as such, the Deputy Registrar, Ranga Reddy District, has no jurisdiction to pass the impugned order. It is her further allegation that no notice is given to

her before passing the impugned order.

From a perusal of the impugned order, it is clear that it is an ad interim order passed as early as on 16.06.2015. If the petitioner is having any objections, she can as well file counter and seek vacation of the impugned order. Hence, we do not find any merit to admit the revision petition at this stage, so as to adjudicate on the validity of the impugned order.

Accordingly, the revision petition is disposed of permitting the petitioner to file counter and objections, if any, before the Deputy Registrar of Chits/Arbitrator, L.B. Nagar, within a period of two (2) weeks from today. If such objections are filed, the Deputy Registrar of Chits/Arbitrator, L.B. Nagar, is directed to dispose of I.A.No.51 of 2015 as expeditiously as possible, preferably within a period of six (6) weeks from today.

Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. No costs.

______________________ R. SUBHASH REDDY, J ___________________________ A. SHANKAR NARAYANA, J July 28, 2015 MD