Madras High Court
M/S. Shriram Chits Tamil Nadu Private ... vs V. Sundarrajan on 21 November, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
C.R.P.No. 4139 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM:
THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI
C.R.P.No. 4139 of 2023
M/s. Shriram Chits Tamil Nadu Private Limited,
No.78, Usman Road, First Floor,
T.Nagar, Chennai – 600 017. .. Petitioners
Vs
1.V. Sundarrajan
2.V. Varadharajan
3.N. Krishnakumar
4.S. Vijaya
5.N. Janarthanan
6.V. Vijayan .. Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order and decreetal order passed in
E.P.No.5142 of 2022 in A.R.C.No.587 of 2021 on the file of the XXVIII
Assistant City Civil Court, Chennai dated 24.04.2023.
For Petitioner : Mr. S. Prabhu
1/5
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C.R.P.No. 4139 of 2023
ORDER
This Civil Revision Petition is filed challenging the impugned
order passed in E.P.No. 5142 of 2022 in A.R.C.No.587 of 2021 on the file
of XXVIII Assistant City Civil Court, Chennai, the decree holder has
preferred this revision.
2. Before the executing Court, the decree holder initiated execution
proceedings in order to execute the award passed in A.R.C.No.587 of 2021
and on receipt of the notice, except 5 th judgment debtor other defendants
were appeared. The decree holder prayed to issue percepts under Section 46
of CPC for attachment of movables as against judgment debtors 1, 2 , 3 & 6
by way of issue precept through Poonamallee. But the executing Court
refused the same by stating that the decree holder can obtain the certificate
from the Chit Fund Registrar by mentioning the Court name in which the
J.Ds are residing instead of that they approached the executing Court as
such is not permissible. Accordingly, the petition was dismissed.
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3. The learned counsel for the revision petitioner submits that as per
the ratio laid down by this Court in C.R.P.Nos.1099 to 1101 of 2013, this
Court observed that the Civil Court has a power to issue percepts to the
Court which has jurisdiction to pass an attachment over the immovable
property situates within the jurisdiction of such Court.
4. The executing Court has observed that such percepts can be issued
from the Registrar. But as per Rule 55 of the Tamilnadu Chit Fund Rules,
makes it clear that an option given to the applicant whether to execute the
award through Civil Court or through the Revenue authorities as provided
under Section 71 and on such option is exercised, the Registrar shall forward
the same to the proper authority along with the certificate issued by him
under Section 71.
5. Therefore, now the plain reading of Section 71 and Rule 51 of Chit
Funds Act makes it clear that the Registrar has no power to execute the
award. Only he can certify the award for execution by the Civil Court or by
the Revenue Authorities as decided by the parties. Section 71 further makes
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it clear that the award along with certificate sent to any Civil Court, such
award shall be deemed to be a decree of the same Court. Therefore, to
execute the award, the decree holder approached the civil Court. So even for
the movable property, the Civil Court is empowered to issue such
proceeding. Therefore, the observation made by the trial Judge in
E.P.No.5142 of 2022 in A.R.C.No.587 of 2021 on the file of XXVIII
Assistant City Civil Court, Chennai dated 24.04.2023 is set aside and the
executing Court is directed to dispose the A.R.C.No.587 of 2021 as per the
manner known to law.
6. In the result, this Civil Revision Petition is allowed. No costs.
21.11.2023
Index :Yes/No
Neutral Citation :Yes/No
AT
To
The XXVIII Assistant City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis
T.V.THAMILSELVI, J.
AT
21.11.2023
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