Kerala High Court
P.J.Jose vs Angamaly Chittyfund Pvt. Ltd on 10 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944
OP(C) NO. 703 OF 2020
AGAINST FROM ORDER DATED 3-02-2020 IN E.A.320/2018 IN E.P 89/2018 IN O.S
139/2011 OF THE PRINCIPAL SUB JUDGE'S COURT, IRINJALAKUDA
PETITIONER/JUDGMENT DEBTOR:
P.J.JOSE,
AGED 54 YEARS
S/O. PYNADATH JOSEPH,
WEST CHALAKUDY DESOM AND VILLAGE,
CHALAKUDY TALUK, THRISSUR-680307.
BY ADV K.B.PRADEEP
HARISANKAR R
RESPONDENT/DECREE HOLDER:
ANGAMALY CHITTY FUND PVT LTD.,
ANGAMALY,
REPRESENTED BY ITS MANAGING DIRECTOR,
BOBBY JOHN,
S/O. JOHN, THADATHIL HOUSE, KAVANAKKARAYIL,
MUVATTUPUZHA VILLAGE,
MUVATTUPUZHA TALUK, PIN-686661.
BY ADVS.
SRI.DINESH R.SHENOY
SRI.EBIN MATHEW
SRI.P.ROHIT PREMANANDAN SHENOY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)NO.703 of 2020
2
JUDGMENT
Dated this the 10th day of October, 2022
The original petition is filed challenging the
order in E.A.No.320/2018 in E.P.No.89/2018 in
O.S.No.139/2011 of the Court of the Principal
Subordinate Judge, Irinjalakuda.
2. The respondent had filed the above execution
petition against the petitioner to execute a decree that
was passed under the Kerala Chit Funds Act, 1982. The
petitioner contended that the decree is a nullity, as it is
passed by a court lacking inherent jurisdiction. The
court below rejected the above contention and held
that the decree is executable and, therefore, the E.P. is
maintainable.
3. The question whether the Civil Court has
jurisdiction to pass a decree under the Kerala Chit
O.P.(C)NO.703 of 2020
Funds Act is no longer res integra, in view of the
categoric declaration of law by a Division Bench of this
Court in O.P.(C)No.3330/2018 and connected cases,
wherein it is held as follows:-
"23. In view of the provisions under
clause (a) of Section 85 of the Chit Funds Act,
1982, nothing in the Chit Funds Act shall
apply in respect of any chit started before the
commencement of the said Act. The provisions
under Chapter XII of the Chit Funds Act,
1982, which deals with disputes and
arbitration, and the forum for disputes
resolution provided under sub-section (1) of
Section 64 of the said Act have no application
to any chit started in the State of Kerala
before the commencement of the Chit Funds
Act, i.e., to any chit started before
30.04.2012. Therefore, the forum prescribed
under sub-section (1) of Section 64 of the Chit
Funds Act, 1982 shall have no jurisdiction to
entertain any dispute in respect of any chit
started before the commencement of the said
Act. The civil court shall continue to have
jurisdiction to entertain any suit or other
proceedings in respect of any disputes in
respect of any chit started before the
O.P.(C)NO.703 of 2020
commencement of the Chit Funds Act.
Therefore, the bar contained in sub-section (3)
of Section 64 of the Chit Funds Act has no
application to any suit or other proceedings
filed before the civil court, in respect of
dispute relating to any chit started before the
commencement of the said Act."
In the light of the above declaration of law, I
do not find any error or illegality in Ext.P4 order
warranting interference by this Court under Article
227 of the Constitution of India. The original petition
fails and is dismissed.
Sd/-
C.S.DIAS
Judge
NR/10/10/2022
O.P.(C)NO.703 of 2020
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE E.P.NO.89/2018 DATED
18.07.2018
EXHIBIT P2 TRUE COPY OF THE STATEMENT OF OBJECTIONS DATED
22.11.2019
EXHIBIT P3 TRUE COPY OF E.A.NO.320/2019 DATED 17.06.2019
EXHIBIT P4 TRUE COPY OF THE IMPUGNED ORDER DATED
03/02/2020
