Margadarisi Chits Private Limited, v. Mrs. R.M.Visalakshi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA IN WP NO. 16357 OF 2015 Margadarisi Chits Private Limited, Adyar Branch, 1st Floor, Adayar Sakthi Square, No.24, Sardar Patel Road, Adayar, Chennai-20. ..Petitioner(s) Vs

1. Mrs. R.M.Visalakshi, W/o. Ramu No.27/2, Brindavan Nagar, 1st Street, Mohanapurai, Adampakkam, Chennai-88.

2. The Government of Tamil Nadu, Rep. by its Secretary to Government, Commercial Taxes and Registration (G) Department Fort St. George, Chennai-9.

3. The Arbitrator Of Chits, North and South Chennai, Chit Cases, Rajaji Salai, Chennai-1.

..Respondents PRAYER : To permit the petitioner / 3rd respondent (decree holder) to withdraw the sum of Rs.2,50,000/- with accrued interest till the date of realisation deposited by the 1st respondent / writ petitioner before the chit Arbitrator in compliance with the order dated 11.08.2022 in the above writ petition.

For Petitioner(s):

Mr.D.Shivakumaran For Respondent(s):

R1 & R2 - Served [No appearance] R3 - Not ready in notice

ORDER

The above miscellaneous petition is filed by the 3rd respondent-Chit in WP.No.16357 of 2015, seeking leave of this Court to withdraw the sum of Rs.2,50,000/- with accrued interest till the date of realisation, deposited by the 1st respondent/writ petitioner in compliance with the order of this Court dated 11.08.2022.

2. The writ petition in WP.No.16357 of 2015 is filed challenging the proceedings of the second respondent herein in and by which, confirming the award of the third respondent herein, dated 30.11.2012 in ARC.No.579 of 2011. This Court by order dated 11.08.2022 in W.P.No.16357 of 2015 had directed the writ petitioner to deposit a sum of Rs.2,50,000/- before the Arbitrator of Chits, the third respondent herein on 03.10.2022, upon which the Arbitrator of Chits shall pass an award. In compliance of the said order, the writ petitioner had deposited the said amount before the third respondent, who had passed the final order on 09.05.2024 confirming the earlier order dated 30.11.2012. Hence, the respondent-Chit is before this Court seeking leave of this Court to withdraw the said sum along with accrued interest.

3. The learned counsel appearing for the Chit would submit that no appeal is filed before the appellate authority challenging the order passed by the Chit Arbitrator.

4. Heard the learned counsel for the petitioner. It is seen that notice has been served on the respondents 1 and 2 herein and notice sent to the 3rd respondent was returned unserved with an endorsement 'vacated'.

5. Considering the fact that the order of this Court has been complied with and the amount has been deposited before the Chit Arbitrator, and that the Chit Arbitrator has directed the petitioner-Chit to approach this Court seeking leave to withdraw the sum, this petition is ordered. 16-02-2026 DS To:

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Commercial Taxes and Registration (G) Department Fort St. George, Chennai-9.

2. The Arbitrator Of Chits, North and South Chennai, Chit Cases, Rajaji Salai, Chennai-1.

P.T.ASHA J.

DS IN WP NO. 16357 OF 2015 16-02-2026