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Madras High CourtWP/3650/2023disposed of

K.Mahalakshmi v. The Secretary To The Government

2023-02-16Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.3650 of 2023 and W.M.P.No.3739 of 2023 1.K.Mahalakshmi 2.R.Ramesh 3.M.Rajamohan 4.N.M.Karthikeyan .. Petitioners Vs.

1.The Secretary to the Government, The Government of Tamil Nadu Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.

2.M/s.Dhanalakshmi Srinivasan Chits (P) Ltd.

No.39, 2nd Floor, Venkatesan Agraharam, Mylapore, Chennai - 600 004.

3.The Arbitrator cum Deputy Registrar (Central Chennai District Chit Fund Cases) Chennai - 600 035.

... Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to expedite the Appeal Ref.No.3045598 of 2022 filed against the ARC.No.19 of 2021 on the file of the 3rd respondent.

For Petitioner .. Mr.B.Manimaran For R1 .. Mr.U.Bharanidharan, Additional Government Pleader

ORDER

This Writ Petition has been filed in the nature of Mandamus seeking a direction to the 1st respondent, the Secretary to the Government, the Government of Tamil Nadu Commercial Taxes and Registration Department, Chennai, to dispose of the Appeal Ref. No.3045598 of 2022 filed against the order in ARC No.19 of 2021 which was passed by the Arbitrator / Deputy Registrar (Central Chennai District Chit Fund Cases) Chennai, within a reasonable period of time.

2.Heard both sides.

3.The anxiety of the petitioner is that the 2nd respondent had filed an Execution Petition consequent to an award in ARC No.19 of 2021 and it is stated that though an Appeal had been filed, the executing Court is proceeding further with the Execution Petition. The Execution Petition is now listed for further hearing on 24.03.2023. 4.The learned Additional Government Pleader, on instructions stated that the Appeal before the 1st respondent is now listed on 21.02.2023. 5.Let the 1st respondent endeavour to dispose of the Appeal and it can be so disposed of only if the petitioners herein appear for every hearing date and not take any unnecessary adjournments. Let effective hearing be conducted and the notes papers also reflect the appearance of the parties and their intention to advance arguments. If it so done, then an endeavour may be made to dispose it of on or before 24.03.2023, since the Execution Petition is listed on 24.03.2023.

C.V.KARTHIKEYAN,J.

smv 6.With the above observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.02.2023 (1/2) Index:Yes/No Internet:Yes/No smv To 1.The Secretary to the Government, The Government of Tamil Nadu Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.

2.The Arbitrator cum Deputy Registrar (Central Chennai District Chit Fund Cases) Chennai - 600 035.

W.P.No.3650 of 2023 and W.M.P.No.3739 of 2023