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Madras High CourtCRP/3577/2025disposed of

P.Priya v. Jayapriya Chit Funds (P) Ltd

2026-01-12Honourable Mr.Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No. 3577 of 2025 and CMP No.19319 of 2025

1. P.Priya, W/o.Palani, No.3, Amman Street, Bharathi Nagar, Nesapakkam, Chennai - 78.

2. K.Punithavel, s/o.Krishnan, EMP.No.190422/Police, Head Constable, Chennai city Police, Armed Reserve-1(AR-1), Pudupet, Chennai - 600 002.

3. S.Senthamil Selvi, D/o.G.Sambanatham, EMP.No.194528/Police, Police Constable GR1, R3 Ashok Nagar Police Station, No.19, 2nd avenue, Raghavan Colony, Kodambakkam, Chennai - 600 024.

4. A.Radhakrishnan, S/o.R.Arjunan, EMP.No.7002612/Police, Police Constable GRI, R3 Ashok Nagar Police Station, No.19, 2nd Avenue, Raghavan Colony, Chennai 24.

5. C.Arumugam, S/o.Chinnathambi, T.No.66520, MACHINIST/SKILLED, Heavy Vehicles Factory, HVF Road, Bhaktavatsalapuram, Avadi, Chennai - 600 054.

6. R.Palani, S/o.Ranganathan, Door No.3, Amman Street, Bharathi Nagar, Nesapakkam, Chennai - 78.

7. S.Sivakumar, S/o.Subramaniyam, Srividhya Aparttment No.16, Vembuliamman Koil Street, West K.K.Nagar,Chennai - 71.

Petitioner(s) Vs

1. Jayapriya Chit Funds (p) Ltd Rep. by its Branch Manager, Chennai Branch No.37, Natesan Street, Siva Vishnu complex 2nd Floor, T.Nagar, Chennai - 17.

Respondent(s)

To set aside the order dated 09-04-2025 passed in EP.No.1470 of 2023 in ARC.No.513 of 2019, on the file of the XVIII Asst.City Civil Court, Chennai. For Petitioner(s):

M/s.M.Mari Mahesh For Respondent(s):

Mr.V.Rajesh Babu

ORDER

Heard the learned counsel for the petitioners and the learned counsel for the respondent.

2. The petitioners are the judgment debtors in the execution petition which has been filed pursuant to the Award passed in ARC proceedings.

3. The first petitioner is the subscriber to the Chit and the petitioners 2 to 5 are guarantors. It has been the case of the petitioners that the price amount of Rs.15,00,000/- was never paid to the petitioners, however, the Deputy Registrar of Chits has erroneously passed an award directing the entire amount to be paid with interest, without even considering the averments set out in the counter affidavit and also the vital documents that have been filed, which according to the learned counsel for the petitioners, would establish that the price money was never deposited into bank account.

4. Admittedly, the petitioners have preferred an appeal which is pending before the Secretary, Commercial Tax Department, Fort St. George.

5. Learned counsel for the respondent submits that the appeal was listed on 16.12.2025 and the petitioners were not ready to get along with the appeal. He would therefore state that the petitioners are only protracting the proceedings.

6. Considering the above and also in the light of the fact that the statutory appeal is pending before the Deputy Registrar of Chits and it is ripe for arguments, I am inclined to dispose of the revision in the manner following:- (i) The petitioners shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs) to the credit of EP No.1470 of 2023 pending on the file of XVIII Assistant Judge, City Civil Court, Chennai within a period of two weeks from the date of receipt of a copy of this order. (ii) The respondent, in obedience of the grant of interim protection to the petitioners, shall not proceed with any further attachment of salary. (iii) The Deputy Registrar of Chits shall dispose of the pending statutory appeal on or before 28.02.2026 and subject to the result of the said appeal, it shall be open to the respondent to proceed with the execution

petition.

No costs. Consequently, connected miscellaneous petition is closed. 12-01-2026 SR Index:Yes/no Website:Yes/no Speaking Order/Non-Speaking Order

To The XVIII Assistant Judge, City Civil Court, Chennai.

P.B.BALAJI, J.

SR CRP No.3577 of 2025 12-01-2026