R BALASUBRAMANIAM Vs. THUMMAPUDI CHITS P LTD

JUDGEMENT

(1.) IN all these writ petitions a common ground arises for consideration and hence taken up together.

(2.) THE respective writ petitioners in these writ petitions are subscribers of chits with the first respondent, which is a chit company. According to the 1st respondent/chit company, amounts were due from the petitioners towards chit transaction. THE 1st respondent filed claim petition before the 2nd respondent, Registrar of Chits, Madras claiming certain amounts from the respective writ petitioners herein. As against the said claim, the writ petitioners herein claim set off and adjustment of amounts allegedly due from the foreman to the respective petitioners. THE amounts claimed to be set off were in relation to certain other transactions with reference to commission payable for distribution of films. THErefore, the writ petitioners sought for set off of the said amounts before the 2nd respondent. THE 2nd respondent agreed with the claim of the petitioners for set off and directed the adjustment of the amounts allegedly due to the petitioners. Aggrieved by the same, the 1st respondent filed appeal before the Government/3rd respondent. THE third respondent upheld the contentions of the 1st respondent and held that the claim for set off as made by the petitioner cannot be acceded to considering that the claim did not relate to the chit transactions. With the result, in respect of the three claim petitions which were filed by the 1st respondent, three separate orders were passed in the appeal by the Goverment/3rd respondent separately in each of the claim petitions. Hence, the above three writ petitions.

(3.) I have considered the submissions of both sides and I am inclined to agree with the contentions raised on behalf of the 1st respondent and also to uphold the impugned orders passed by the Government.