KRISHNAMOORTHY Vs. KHALEEL RAHMAN

JUDGEMENT

(1.) These civil revision petitions were heard together because they raise the same point regarding the maintainability of execution order passed by the Deputy Registrar of Chits, Thirupur who passed the award in the arbitration proceedings. The respondents have opposed the maintainability contending that Execution Petitions are not maintainable. In all these cases, the Deputy Registrar appointed under S.61 of the Chit Funds Act, 1982 had passed arbitration awards and sent them for execution to the Civil Court. The Munsiff, Chittur by a common order held that the Registrar is not a civil Court and that he cannot transfer the awards for execution under S.39 C.P.C. and dismissed the Execution Petitions. The revisions are directed against the said order.

(2.) The petitioner contended that the transfer of the award is perfectly legal and valid, under S.71 of the Chit Funds Act. The respondents' counsel contended, that Registrar is not a Court and not being so, cannot transfer his own award for execution. Under S.39,

(3.) It is argued that Court would have no jurisdiction over such matters because (1) it is not a suit and (2) the civil court will not have jurisdiction to try the case because it is expressly barred by provisions of Chit Funds Act. The Act defines what are disputes between the subscribers and foreman of the chitties and provides for referring such disputes for arbitration to the Registrar. The Registrar passes an order under S.66(1) of the Act. It is open to him to settle the disputes himself or refer it for disposal to a person appointed by him referred to as a nominee. Under S.64(2) of the Act, where any question arises as to whether any matter referred to for the award of the Registrar is a dispute or not for the purpose of sub-section (1), the same shall be decided by the Registrar whose decision thereon shall be final. Sub-s. (3) of S.64 states that no Civil Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-s. (1). The above provision will show that jurisdiction of the Civil Court is barred to entertain a suit or other proceedings in respect of the disputes referred to in S.64(1). The scheme of the Chit Funds Act, 1982 is that when the Registrar settles a dispute and passes an award, he ceases to have any more functions. The appeal from the order of the Registrar is to be made to the State Government under S.70 of that Act. S.71 states how money can be recovered. S.71 reads thus: