KALPANA CHIT FUNDS Vs. M PREM SELVI

JUDGEMENT

(1.) These Writ Appeals are preferred against the order of learned single Judge allowing the Writ Petitions in W.P. No. 12530, 12529 and 12531 of 1993 dated 28.09.2000 and thereby quashing the Government Orders confirming the various orders passed by the third respondent/Deputy Registrar of Chits.

(2.) Since all the Writ Appeals arise out of common order involving common issues, all Writ Appeals shall stand disposed of by this common judgment.

(3.) W.A. No. 3114 of 2001: The first Respondent M. Prem Selvi was a subscriber to Chit Nos. 3 and 4 conducted by the Appellant - M/s. Kalpana Chit Funds, Coimbatore for chit amount of Rs. 1 lakh each. She later withdrew from Chit No. 4 and she bid chit No. 3 for a sum of Rs. 70,000/- and received the prize amount on 27.08.1988 after executing a promissory note. The first respondent paid Rs. 50,000/- only and failed to pay the balance instalments for Rs. 50,000/-. The Appellant - Chit Company therefore filed a petition for arbitration before the third respondent. After conducting enquiry, the third respondent passed an award in favour of Appellant - Chit Company and directed the first respondent to pay a sum of Rs. 53,995/- with interest at 12 percent per annum and costs. As against the order passed by the third respondent, the first respondent filed Appeal before the Government under Section 70 of Chit Funds Act contending that there is no money due by her to the Appellant. Upon consideration of the contention of the first respondent and the connected records Government rejected the Appeal filed by the first respondent and dismissed the Appeal by the Order in G.O.Rt. No. 736 OR & RE Department dated 2.3.1993.