M/S.Yalli Chit Funds (P) Ltd., v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Tuesday, the Third day of December Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE ABDUL QUDDHOSE WMP.Nos.12113, 12118 and 12124 of 2019 in WP.Nos.30631, 30632 and 30633 of 2016 M/S.YALLI CHIT FUNDS (P) LTD., [PETITIONER IN ALL THE 223, E.V.N.ROAD, ERODE 638 011 PETITIONS ] Vs 1 THE ADDITIONAL CHIEF SECRETARY, [RESPONDENTS IN ALL THE TO GOVERNMENT (FAC) COMMERCIAL TAXES PETITIONS ] AND REGISTRATION (G) DEPARTMENT, CHENNAI 2 THE DEPUTY REGISTRAR OF CHITS, ERODE 3 D.HEMA MALANI 4 DR.K.VINODH BABU S/O.P.KARUNAKARN, VNM ILLAM, ARUNA ENCLAVE, VALLIPURATHAMPALAYAM POST, DINDAL, ERODE. (R4 IMPLEADED AS PER ORDER DATED 12.11.2019 MADE IN WMP.31909, 31910, 31911/2019 IN WP.
30631, 30632, 30633 BY VBDJ) Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to 1 WMP No.12113 of 2019 To Permit the Petitioner herein to Withdraw a sum of Rs.30,000/- which was deposited before the 2nd Respondent, 2 WMP No.12118 of 2019 To Permit the Petitioner herein to Withdraw a sum of Rs.7,12,110/- which was deposited before the 2nd Respondent, 3 WMP No.12124 of 2019 To Permit the Petitioner herein to Withdraw a sum of Rs.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.MATHIVANAN, Advocate for the petitioner in all the petitions and of M/S.K.RAVIKUMAR, Additional Government Pleader on behalf of the 1 & 2 Respondents in all the petitions and of M/S.S.MAHESH, Advocate for the 3rd respondent in all the petitions the court made the following order:- Admittedly an Award has been passed against the petitioner as well as the fourth respondent jointly and severally in a chit fund transaction. The said Award was challenged by the petitioner before the Appellate Forum and the Appellate Forum has also confirmed the Award. As against the same, these writ petitions have been filed.
2.A conditional stay of operation of the impugned order was granted by this Court as the petitioner has complied with the conditions by depositing the sums of money as directed by this Court while granting the stay.
3.The third respondent, which is a chit fund company has filed W.M.P.Nos.12113, 12118 and 12124 of 2019, seeking withdrawal of the money deposited by the petitioner in compliance with the conditions of order of stay granted by this. 4.The learned counsel for petitioner on instruction submits that she has no objection for withdrawal of the deposited amount. 5.This Court is also satisfied with the reasons contained in the affidavit filed in support of these petitions. Accordingly, the miscellaneous petitions W.M.P.Nos.12113, 12118 and 12124 of 2019 are allowed as prayed for.
6.The learned counsel for the fourth respondent seeks time to file counter in all these writ petitions.
7.At his request, post the matter on 20.01.2020. 8.The petitioner, the fourth respondent as well as the third respondent officials are directed to appear before this Court on 20.01.2020 to explore the possibility of settlement. -sd/- 03/12/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE ADDITIONAL CHIEF SECRETA RY, TO GOVERNMENT (FAC) COMMERCIAL TAXES AND REGISTRATION (G) DEPARTMENT, CHENNAI 2 THE DEPUTY REGISTRAR OF CHITS, ERODE 3 DR.K.VINODH BABU S/O.P.KARUNAKARN, VNM ILLAM,ARUNA ENCLAVE, VALLIPURATHAMPALAYAM POST, DINDAL, ERODE.
C.C. to M/S.P.MATHIVANAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.Nos.12113, 12118 and 12124 of 2019 in WP.Nos.30631, 30632 and 30633 of 2016 Date :03/12/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(18/12/2019)