VIJAYLAKSHMI SHANKAR Vs. RAKSHODAYA CHITS PVT LTD

JUDGEMENT

(1.) Mr. Venkatesh H.N., Advocate for Petitioners The petitioner Mrs. Vijaylakshmi Shankar, W/o. Umashankar S. and her husband, Shri. Umashankar, S/o. Late M. Rudrappa, have filed these writ petitions in this Court on 19/01/2018 against M/s. Rakshodaya Chits Pvt.Ltd. and Smt. G. Hemalatha, Nominee of the Deputy Registrar of Chits against the impugned order Date of Order 26-02-2018 W.P.Nos.3336-3337/2018 passed by the Respondent No.2 for attachment of immovable property of the petitioner No.2 Sri. Umashankar S.

(2.) The impugned orders Annexure E dated 16/12/2017 and Annexure F dated 16/12/2017 have been passed by the Respondent No.2 against the petitioners under the provisions of Section 68(2) of the Chit Funds Act, 1982 attaching the scheduled property of the petitioner No.2 for the alleged nonpayment by the petitioner No.1, wife, Smt. Vijaylakshmi Shankar of the chit amounts of Rs. 2,34,910/- and Rs. 2,83,021/- respectively under the said two orders.

(3.) The learned counsel for the petitioners has submitted before the Court that without giving any prior notice and opportunity of hearing to the petitioners, the impugned orders have been passed by the Respondent No.2 - the Nominee of the Deputy Registrar of Chits, 4th Zone, Bengaluru District, Bengaluru in two Disputes Date of Order 26-02-2018 W.P.Nos.3336-3337/2018 brought by the Respondent No.1 - Chit Fund Company, M/s. Rakshodaya Chits Pvt.Ltd.