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Madras High CourtWP/6148/2011dismissed as infructuous

Mrs. Hanitha, v. The Secretary To The

2021-11-10Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NOS.6148 & 6376 OF 2011 AND M.P.NOS.1 & 1 OF 2011 Hanitha ... Petitioner in both W.Ps .Vs.

1. The Secretary to the Government of Tamil Nadu, Department of Commercial Taxes & Registration (G) Department, Chennai - 009.

2. The Learned Arbitrator, Central Chit Fund Court, Chennai.

3. M/s.Sree Visalam Chit Fund Ltd., (FOREMAN), New No.219(161), Annasalai, Chennai - 600 002.

4. M/s.Unicon Management Services India (P) Ltd., Plot No.4, Door No.3/679V Bay view Drive, New Beach Road, Kottivakkam, Chennai - 600 041.

Rep. by R.Srinivasan

5. R.Srinivasan

6. S.Bhuveneswari ... Respondents in both W.Ps PRAYER IN W.P.NO.6148 OF 2011:- Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records in relates to the order passed by the 1st respondent vide Letter No.18931/G/2010-1, dated 10.12.2010 confirming the Award passed in A.R.C.No.1065 of 2008 by the Arbitrator Sri.K.Jayaseelan dated 15.07.2009 on the file of the Chit Fund Cases Under Chit Fund Act, 1982, Chennai-1 directing the

petitioner to pay Rs.4,53,333/- with interest @ 24% from the date of filing to the date of payment with a cost of Rs.16,317/- and quash the same.

PRAYER IN W.P.NO.6376 OF 2011:- Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in relates to the order passed by the 1st respondent vide Letter No.18932/G/2010-1, dated 10.12.2010 confirming the Award passed in A.R.C.No.1067 of 2008 by the Arbitrator Sri.K.Jayaseelan dated 15.07.2009 on the file of the Chit Fund Cases Under Chit Fund Act, 1982, Chennai-1 directing the petitioner to pay Rs.80,733/- with interest @ 24% from the date of filing to the date of payment with a cost of Rs.5,047/- and quash the same.

(In both WPs) For Petitioner : Mr.S.Nagarajan For Respondents : Mr.C.Selvaraj (for R1) Government Advocate R2 - Court Mr.A.Muthukumar (for R3) No Appearance (for R4 to R6) C O M M O N O R D E R The learned counsel appearing for the petitioner made a submission that the issues between the parties have already settled, thus, no further adjudication is required. The writ petitions stand disposed of as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vs/kbs

To 1.

The Secretary to the Government of Tamil Nadu, Department of Commercial Taxes & Registration (G) Department, Chennai - 009.

2.

The Learned Arbitrator, Central Chit Fund Court, Chennai.

+1cc to the Government Pleader, S.R.No.58040 W.P.NOS.6148 & 6376 OF 2011 AND M.P.NOS.1 & 1 OF 2011 SS(CO) PBS/30/11/2021