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Madras High CourtWP/12043/2025disposed of

D.Sarathi v. The Secretary To Government

2025-04-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY D.SARATHI ... Petitioner Vs 1.

THE SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMNT, FORT ST. GEORGE, SECRETARIAT, CHENNAI - 600 009.

2.

MARGADARSI CHITS PRIVATE LIMITED, ASHOK NGAR BRANCH, REP. BY ITS FOREMAN, A-1, 2nd FLOOR, 1st AVENUE, SENTHIL TOWERS, ASHOK NAGAR, CHENNAI - 600 083.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner appeal dated 27.04.2023 filed under Section 70 of the Chits Funds Act, 1982 against the Award of the Arbitrator, Central Madras Chit Fund Cases Court, Chennai - 600 032 in that Arbitration Case No. 101/2019 dated 03.12.2019.

For Petitioner : Mr.P.Chandrasekar For R1 : Mr.S.Senthil Murugan Special Government Pleader 1/4

ORDER

The prayer in the writ petition is to direct the first respondent to consider the appeal filed by the petitioner dated 27.04.2023 and pass orders thereon.

2. Upon hearing the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing on behalf of the first respondent and perusing the affidavit filed in support of the writ petition and the other material records of the case, the grievance of the petitioner is that the petitioner has filed an appeal under Section 70 of the Chit Funds Act, 1982, as against the award passed by the Arbitrator, Central Madras Chit Funds, in case No.101 of 2019 dated 03.12.2019. The execution petition has already been filed and the same is pending. However, the appeal has not been taken up for hearing, which includes the stay petition also.

3. In view of the said urgency pleaded on behalf of the petitioner, this writ petition is disposed of in the following terms:- 2/4

(i) The first respondent is directed to take up the appeal filed by the petitioner on 27.04.2023 to consider the same in the manner known to law and pass final orders as expeditiously as possible, in any event, not later than eight weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. No costs. 04.04.2025 nsl To THE SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMNT, FORT ST. GEORGE, SECRETARIAT, CHENNAI - 600 009.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 04.04.2025 4/4