Pushpa v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15654 of 2025 & W.M.P.No.17699 of 2025 Pushpa, W/o.Saravanan, No.67/92, Manoj Builders, Flat No.8-1st Floor, Royal Flats, Venus Street, Perambur, Chennai-600 011.
... Petitioner /versus/
1. The Principal Secretary To Government, Commercial Taxes And Registration (G) Department, Fort St. George, Chennai-600 001.
2. The Arbitrator for the Central Chennai Chit Fund Cases, Guindy Sidco Industrial Estate, Electronics Complex, 2nd Floor, Guindy, Chennai-600 032.
3. M/s.Shriram Chits Tamil Nadu Pvt Ltd., No.4/289 Pycrafts Road, Triplicane, Chennai-600 005.
... Respondents 1/5
Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 3rd respondent not to proceed further on the order passed by the 2nd respondent in ARC No.308 of 2020, dated 28.07.2021 pending disposal of the petitioner in Appeal No.7545781/G of 2024 on 30.05.2024 under Section 70 of the Tamil Nadu Chit Fund Act before the 1st respondent.
For Petitioner : Mr.S.Sarath Chandran For Respondent : Mr.R.Sasi Kumar, Government Advocate, for R1
O R D E R
The writ petition is filed for a mandamus forbearing the 3rd respondent not to proceed further on the order passed in ARC No.308 of 2020, dated 28.07.2021.
2. The grievance of the petitioner is that when an award is passed in the aforesaid reference, the petitioner has filed a statutory appeal and that the same is pending before the first respondent in Appeal No.7545781/G of 2024. The prayer is also made for granting stay of the award. Neither the main appeal nor the stay application is taken up by the first respondent. In the meanwhile, when Execution Petition is filed in E.P.No.1984 of 2022 and in the same, an 2/5
order of attachment of movables is already passed. Therefore, the petitioner prays for emergent orders.
3. I have considered the submissions that are made by the Learned Counsel for the petitioner and the Learned Counsel for the respondent.
4. In view of the nature of order that is passed, the writ petition is disposed of at the admission stage without notice to the 3rd respondent. (i) The petitioner shall in person or through Counsel appear before the first respondent on 07.05.2025 or any such date sooner thereafter intimated by the first respondent.
(ii) The petitioner shall also make a prayer to take up the interim prayer also. The first respondent shall consider passing emergent order on the interim prayer that is made by the petitioner since the attachment of movables is made in the Execution Petition. The orders can be passed in the interim prayer. The main appeal shall also be disposed of in the manner known to law, in any event not later than 31.07.2025.
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5. The writ petition is disposed of accordingly. The parties to act on production of the web copy of the order without waiting for the certified copy of the order. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
29.04.2025 :No.
bsm To,
1. The Principal Secretary To Government, Commercial Taxes And Registration (G) Department, Fort St. George, Chennai-600 001.
2. The Arbitrator for the Central Chennai Chit Fund Cases, Guindy Sidco Industrial Estate, Electronics Complex, 2nd Floor, Guindy, Chennai-600 032.
3. M/s.Shriram Chits Tamil Nadu Pvt Ltd., No.4/289 Pycrafts Road, Triplicane, Chennai-600 005.
4. The Government Pleader, High Court, Madras. 4/5
D.BHARATHA CHAKRAVARTHY, J.
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