Sarala Laxman Nagare And ANR v. The State Of Maharashtra Thr. Secretary Finance Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7008 OF 2022 WITH WRIT PETITION NO. 7062 OF 2022 WITH WRIT PETITION NO. 7061 OF 2022 Mrs. Sarala Laxman Nagare and Ors.

.....Petitioners V/s.

The State of Maharashtra, through its Secretary, Finance Dept. and Ors.

....Respondents ----- Mr. Vaibhav V. Ugle, Advocate for the petitioners. Mr. C.D. Mali, AGP for State.

CORAM : SANDEEP K. SHINDE, J.

THURSDAY, 6TH OCTOBER, 2022.

P.C. :

1.

Heard Mr. Ugle, learned Counsel for the petitioners and Mr. Mali, AGP for State.

2.

These petitions challenge the order dated 29 th March, 2022 passed in Arbitration Application No.04/2022 by

Rane 2/2 2-WP-7008-2022 6 October, 2022.

the District Judge, Nashik arising out of the Award passed under Section 69 of the Chit Fund Act, 1982. The learned District Judge, rightly held that the statutory remedy against the Award under Section 69, is an Appeal under Section 70 before the State Government. Therefore, the order impugned, calls for no interference.

3.

In the event, the petitioners file Appeals, the State Government shall apply the principles embodied in Section 14 of the Limitation Act, in computing the period of limitation. 4.

It is made clear, that this Court, has not heard the petitioners on merits. Thus, the State shall decide the Appeals on its own merits, without being influenced by the order of this Court.

5.

All contentions of the petitioners are kept expressly open.

6.

All petitions are disposed of in the aforesaid terms. NEETA SHAILESH SAWANT NEETA SHAILESH SAWANT Date: 2022.10.06 17:36:22 +0530 (SANDEEP K. SHINDE, J.)