V. KUMAR Vs. SHRIRAM CHITS TN (P) LTD.

JUDGEMENT

(1.) The order and decreetal order dtd. 18/11/2022 passed in E.P.No.2743 of 2019 in A.R.C.No.26 of 2013 is under challenge in the present civil revision petition.

(2.) The revision petitioner is the judgment debtor and he was a member / subscriber of M/s.Shriram Chits Tamil Nadu Private Limited / 1st respondent. The 1st respondent / chit fund company initiated Arbitrary proceedings in A.R.C.No.26 of 2013, since the revision petitioner was a defaulter in payment of chit subscriptions. Arbitral award was passed by the Arbitrator and the petitioner remained exparte. Based on the award the 1st respondent filed E.P.No.2743 of 2019 for execution of decree, the E.P was allowed and an order of attachment was issued. Challenging the said order passed in E.P. proceedings the petitioner has chosen to file the present civil revision petition.

(3.) The learned counsel for the petitioner made a submission that the petitioner had already paid over and above the chit amount received by him and therefore, the 1st respondent had unreasonably charged the chit amount and thus, the Execution Proceedings are to be set aside.