S.Surendran, vs the Deputy Inspector General of Registration and the Chitty Arbitrator

S.Surendran, vs The Deputy Inspector General of Registration and the Chitty Arbitrator

Type Court Judgment Court Kerala Decided Apr 12, 2023

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https://sooperkanoon.com/case/1354652

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Citation: sooperkanoon.com/1354652
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Apr 12, 2023
Case Number: WP(C)/13199/2023

Parties & Advocates

Appellant / Petitioner

S.Surendran,

Respondent

The Deputy Inspector General of Registration and the Chitty Arbitrator

Excerpt

.....sought for is consideration of exhibit p5 on an early basis. having heard learned counsel for petitioner - sri.m.sasindran, learned senior government pleader - smt.deepa narayanan, and learned standing counsel for kerala state financial enterprises limited - sri.salil narayanan, the writ petition is disposed of, directing the 1 st respondent to consider exhibit p5 in accordance with law and attain finality to the same, at the earliest, at any rate, within a month from the date of receipt of a copy of this judgment. sd/- shaji p.chaly smv judge w.p.(c). no.13199/2023 3 appendix of wp(c) 13199/2023 petitioner's exhibits exhibit p1 a true copy of the pass book of the petitioner in respect of the chitty no.33/2014-9 exhibit p2 a true copy of the letter dated 07-10-2015 submitted by the petitioner before the 3rd respondent managing director exhibit p3 a true copy of the reply issued by the respondents through a lawyer dated 04-05-2016 exhibit p4 a true copy of the judgment dated 09-12-2020 in w.p.(c) 25445 of 2020 exhibit p5 a true copy of the complaint filed under section 64 of the chits funds act 1982 before the first respondent on 25-02-2021

Full Judgment

W.P.(C). No.13199/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 WP(C) NO. 13199 OF 2023 PETITIONER: S.SURENDRAN, AGED 69 YEARS S/O.SADASHIVAN SOPANAM, DWARAKA NAGAR, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121 BY ADVS. M.SASINDRAN P.K.SUBHASH RESPONDENTS:
1 THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND THE CHITTY ARBITRATOR NORTH ZONE, KOZHIKODE RED CROSS ROAD, EASTEND C.H OVER BRIDGE, MANANCHIRA, KOZHIKODE, PIN - 673 001., PIN - 2 THE BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD., BIG BAZAR BUILDING, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121 3 THE KERALA STATE FINANCIAL ENTERPRISES LTD., CORPORATE OFFICE, `BHADRATHA', MUSEUM ROAD THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680001

R2 & R3 BY SRI. SALIL NARAYANAN.K.A R1 BY SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No.13199/2023 2

JUDGMENT

Dated this the 12th day of April, 2023 Petitioner was a subscriber in Chitty No.33/2014-9 conducted by the Kerala State Financial Enterprises Limited. Case of the petitioner is that even though the chitty period has been over, the balance chit amount due to the petitioner is not paid to the petitioner seeking unnecessary documents. Thereupon, petitioner has submitted Exhibit P5 before the Deputy Inspector General of Registration & the Chitty Arbitrator, North Zone, Kozhikode - the 1st respondent, seeking a direction for consideration of the same. It is evident from Exhibit P5 that petitioner has claimed 14% interest for the amount alleged to be due to the petitioner. The sole relief sought for is consideration of Exhibit P5 on an early basis. Having heard learned counsel for petitioner - Sri.M.Sasindran, learned Senior Government Pleader - Smt.Deepa Narayanan, and learned Standing Counsel for Kerala State Financial Enterprises Limited - Sri.Salil Narayanan, the writ petition is disposed of, directing the 1 st respondent to consider Exhibit P5 in accordance with law and attain finality to the same, at the earliest, at any rate, within a month from the date of receipt of a copy of this judgment. Sd/- SHAJI P.CHALY smv JUDGE W.P.(C). No.13199/2023 3 APPENDIX OF WP(C) 13199/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PASS BOOK OF THE PETITIONER IN RESPECT OF THE CHITTY NO.33/2014-9 Exhibit P2 A TRUE COPY OF THE LETTER DATED 07-10-2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT MANAGING DIRECTOR Exhibit P3 A TRUE COPY OF THE REPLY ISSUED BY THE RESPONDENTS THROUGH A LAWYER DATED 04-05-2016 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 09-12-2020 IN W.P.(C) 25445 OF 2020 Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 64 OF THE CHITS FUNDS ACT 1982 BEFORE THE FIRST RESPONDENT ON 25-02-2021

Same Court & Year Kerala · 2023 Same Parties S.Surendran, vs The Deputy Inspector General of Registration ... Same Judge Honourable Mr. Justice Shaji P.Chaly