Shanti Joseph T vs Arbitrator Of Chits (North Zone)
2021 Latest Caselaw 8513 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.9275 OF 2019(H)


PETITIONER:

               SHANTI JOSEPH T.,
               AGED 44 YEARS, MANAGING DIRECTOR,
               MALA CATHOLIC SOCIAL FORUM CHITTIES PVT. LTD.,
               THATTAKAHATHIL BUILDING (OPP. KSRTC BUS STATION),
               MALA-680732, THRISSUR DISTRICT.

               BY ADVS.
               SRI.G.HARIHARAN
               SRI.PRAVEEN.H.
               SMT.K.S.SMITHA
               SRI.V.R.SANJEEV KUMAR

RESPONDENTS:

      1        ARBITRATOR OF CHITS (NORTH ZONE)
               DISTRICT REGISTRAR OFFICE, THRISSUR--680020.

      2        INSPECTOR GENERAL OF CHITTIES,
               OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
               VANCHIYOOR, THIRUVANANTHAPURAM-695035.

      3        *ADDL. R3.
               THE SUB REGISTRAR (ARBITRATOR OF CHITS),
               SUB REGISTRAR OFFICE, MALA AT VADAMA,
               THRISSUR DISTRICT-680732.

               *(ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
               25/06/2019 IN IA 1/2019)

      4        *ADDL.R4
               THE STATE OF KERALA,
               REPRESENTED BY ITS CHIEF SECRETARY,
               THIRUVANANTHAPURAM.

      5        *ADDL.R5
               THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF REGISTRATION,
               GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
 WP(C).No.9275 OF 2019(H)

                               2

      6     *ADDL R6
            THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF FINANCE AND TAXES,
            GOVERNMENT OF KERLA, THIRUVANANTHAPURAM.

            (ADDL.R4 TO R6 ARE IMPLEADED AS ADDITIONAL
            RESPONDENTS 4 TO 6 SUO MOTU VIDE ORDER
            DATED 3-10-2019.


OTHER PRESENT:

             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9275 OF 2019(H)

                                          3




                                J U D G M E N T

This writ petition is filed by the Managing

Director of Mala Catholic Social Forum Chitties

Private Limited seeking a direction to the second

respondent to take a decision on Ext.P5 request and

for a further direction to the 1 st respondent to

consider and take action on various Arbitration

Requests mentioned in Ext.P4 list of cases in which

petitioner is a party. In Ext.P5 representation

submitted on 12.02.2019, petitioner had requested the

first respondent to issue a direction to the Chitty

Arbitrators for speedy disposal of cases filed by the

petitioner and for appointment of full time

Arbitrators with necessary staff and facilities for

hearing of the cases.

2. Learned Government Pleader submits that full

time Arbitrators have already been appointed though

there is scarcity of supporting staff compared to the WP(C).No.9275 OF 2019(H)

number of arbitration cases.

3. In the statement filed by the second

respondent on 20.06.2019 it was stated that there

were 2728 cases which were pending in North Central

Zone itself. At the relevant time the Sub Registrars

were given additional charge as Arbitrators, in

addition to their normal duties as Sub Registrars.

Thereafter, along with I.A.Nos. 1 and 2 of 2021

petitioner has produced another list Ext.P8 which

contains 155 cases.

4. Learned Government Pleader on instructions

submitted that out of 97 cases filed by the

petitioner in the year 2018, 95 are disposed of and

82 out of 98 cases of the year 2019 are also disposed

of. It is stated that cases of 2020 are going on.

5. This writ petition is seen to have been

filed at a time when there were only nominated

Arbitrators who were given additional charge. Now

that Arbitrators having full charge have been WP(C).No.9275 OF 2019(H)

appointed for the purpose of determination of such

Arbitration Cases, they are supposed to dispose of

the Arbitration cases in accordance with law.

The writ petition is therefore disposed of with

a direction that the Arbitrators shall see that award

passed in the respective cases are furnished to the

parties without delay in accordance with rules.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.9275 OF 2019(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF INCORPORATION CERTIFICATE ISSUED BY REGISTRAR OF COMPANIES(KERALA AND LAKSHADWEEP) IN THE NAME OF MALA CATHOLIC SOCIAL FORUM CHITTIES PVT LTD, ON 04.03.2008.

EXHIBIT P2 TRUE COPY OF THE DRAFT CHIT AGREEMENT EXECUTED BETWEEN THE PETITIONER AND SUBSCRIBERS,

EXHIBIT P3 TRUE COPY OF ONE SUCH CLAIM PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 05.09.2018.

EXHIBIT P4 TRUE COPY OF THE DETAILS OF ARBITRATION REQUESTS PENDING BEFORE THE 1ST RESPONDENT FILED BY THE PETITIONER DURING THE YEAR 2018.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 12.02.2019 MADE BEFORE THE 2ND RESPONDENT BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23.02.2018 MADE BY THIS HON'BLE COURT IN WPC NO.20899/2017.

EXHIBIT P7 TRUE COPY OF THE DETAILS OF THE ARBITRATION CASES MENTIONED IN EXT.P4 AND HEARD BY THE ARBITRATOR DURING THE YEAR 2020.

EXHIBIT P8 TRUE COPY OF THE DETAILS OF ARBITRATION CASES FILED BY THE PETITIONER AFTER FILING THE ABOVE WRIT PETITION.