P. PRATHIBA Vs. AVENUE SUPER CHITS (P) LTD.

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the order dtd. 16/12/2017 passed on I.A.No.3 filed under Order XXI Rule 90 read with Sec. 151 of CPC in Ex.No.1221/2012 on the file of the XLII Additional City Civil and Sessions Judge, Bengaluru.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the appellants is that the appellants have subscribed the chit for an amount of Rs.6,00,000.00 from respondent No.1-chit fund and had paid certain installments in the chit subscribed and the appellants have bid a chit for the amount of Rs.1,80,000.00 and balance of Rs.4,20,000.00 was paid after deducting the foreman commission and subsequently the appellants have also paid the amount to respondent No.1 and respondent No.1 under the Karnataka Chit Fund Act had initiated proceedings before the arbitrator and respondent No.1 has not been served with any notice and an exparte order came to be passed on 31/10/2008 against the appellants directing them to pay a sum of Rs.5,10,000.00 with interest at 21% per annum along with penal interest at the rate of 3% and the said order was not communicated to the appellants at any point of time.