IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13308/2017 (GM-CFA) BETWEEN:
SMT. GANGAMMA, W/O LATE G SHIVANNA, AGED ABOUT 55 YEARS, R/A “NANJUNDESHWARA NILAYA”, LAXMIDEVI NAGAR, KUDUR, MAGADI TALUK, RAMANAGARA DISTRICT-561101.
(BY SRI. H.C. SHIVARAMU, ADV. FOR SRI. H.S.SANTHOSH, YESSEM LEGAL, ADVS.) AND 1. M/S MARGADARSI CHITS (K) PVT LTD., HONNAKAMALA CREST, II FLOOR, GENERAL KARYAPPA MAIN ROAD, K.R.EXTENSION, TUMKUR-572101, REPRESENTED BY ITS FOREMEN, TUMKUR BRANCH MANAGER.
2. NOMINEE OF THE DEPUTY REGISTRAR OF CHITS, TUMKUR, REPRESENTED BY ARBITRATOR, OFFICE OF “HARA ASSOCIATES” #58, COTTONPET MAIN ROAD, BANGALORE-560 053.
3. MR.SHIVANNA BASAVARAJU, S/O. LATE SHIVANNA, ... PETITIONER “THE BOOKS LOGISTICS”, AGRIBANNIRAYA NAGAR, NH-4 SATHYAMANGALA, TUMKUR-572104.
... RESPONDENTS (BY SRI. P P JAYAKUMAR, ADV., FOR R1;
R2 & R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.8.3.2017 VIDE ANNEX-A.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. H. C. Shivaramu, learned counsel for petitioner. Sri. P. P. Jayakumar, learned counsel for respondent No.1.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition, the petitioner inter alia seeks for quashment of order dated 08.03.2017 passed by the Deputy Registrar of Chits.
4. When the matter was taken up today, learned counsel for the petitioner fairly submitted that against the aforesaid order, the petitioner has an alternative remedy of filing an appeal under Section 17 of the Chit Funds Act, 1982.
5. In view of the aforesaid submission, writ petition is disposed of with liberty to the petitioner to take recourse of filing an appeal against the order dated 08.03.2017.
6. It is made clear that in case the petitioner files an appeal within a period of four weeks from the date of receipt of a certified copy of the order passed today, the Appellate Authority shall accord the benefit of principle contained under Section 14 of the Limitation Act, 1963, and shall decide the appeal expeditiously by a speaking order after affording opportunity of hearing to the parties. Till the petitioner files an appeal before the Appellate Authority, ad-interim order granted by a Bench of this Court shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE RD