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TMI Blog1997 (12) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner on 31-8-1995 against the award dated 8-5-1995 made in A.O.P. No. 60 of 1990 on the file of the Deputy Registrar of Chits, Salem to give a personal hearing and dispose of the same on merits in accordance with law. 2. This Court ordered notice of motion on 7-3-1996 and the Government Advocate was directed to produce certified copy of the order, which the petitioner had produced along with appeal memorandum. 3. Heard the learned counsel for the petitioner and Ms. T. Kokilavani, appearing for the first respondent. 4. Respondents 3 and 4 have been given up. 5. The second respondent chit fund company instituted arbitration in O.P. No. 60 of 1994 against the petitioner as well as the 3rd and 4th respondents. The respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grieved by any order passed by the Registrar or the nominee under section 69 of the Act, may within two months from the date of the order or award, appeal to the State Government. But your client's appeal against the order passed by the Deputy Registrar of Chits, Salem in Case No. 60 of 1990 was filed only on 31-8-1995. Hence, your client's appeal is belated and, therefore, rejected." 8. Being aggrieved, the present writ petition has been filed. Admittedly, the award has been passed on 8-5-1995, by the Deputy Registrar of Chits, Salem in A.O.P. No. 60 of 1990, the appeal has been presented on 31-8-1995. The said appeal has been rejected as belated by the impugned proceed- ings. 9. According to the learned counsel for the petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 64 of the Act excludes the jurisdiction of the Civil Court to entertain suit or other proceedings in respect of any dispute referred to in sub-section (1) of section 64. Section 65 of the Act prescribes the period of limitation with respect to raising of dispute under section 64. Section 66 enables the Registrar to settle the dispute himself, or refer it for disposal to a person appointed by him. Section 67 provides procedure for settlement of dispute and powers of Registrar or his nominee. Section 69 provides that when a dispute is referred to arbitration under Chapter XII, the Registrar or his nominee, may after affording reasonable opportunity to the parties to the dispute, make an award on the dispute as well as the expenses incurr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment or award made by the Registrar or his nominee on payment of copying fees. Thus, the copy application has to be submitted by the parties to the dispute and on payment of prescribed fees, a certified copy of any order, or judgment is furnished by the Registrar or his nominee. 14. Rule 58 provides that an appeal under section 70 shall be made in writing and shall be either presented in person or sent by registered post to the appellate authority, namely, the State Government. Sub-rule (2) of rule 58 provides that appeals have to be in the form of a memorandum accompanied by fee. Sub-rule (3) of rule 58 provides that every appeal shall specify the names and addresses of the appellant as well as the respondent, the authority by whom t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as if the Registrar either communicates or furnishes a copy of the award or the judgment, as the case may be. 17. Without securing certified copy of the judgment or award, no appeal could be presented nor it is possible for the petitioner to file an appeal without knowing the contents of the judgment and the details of determi- nation of the Registrar of Chits. The disputant has to obviously apply for a certified copy of the judgment and award and the same will be furnished by the Registrar on payment of prescribed fees. 18. Section 65 of the Chit Funds Act provides that notwithstanding anything contained in the Limitation Act, 1963 but subject to the specific provision contained in the Chit Funds Act, the period limitation to rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n excluded either specifically or impliedly. It is true that the Registrar is not a Court, so also the first respondent is not exercising the power of a Court. 21. The principle of section 12 has to be necessarily applied even though there is no statutory provision in the Act or the Rules made thereunder prescribing that the time taken for obtaining certified copy of the judg- ment or award has to be excluded. Without a certified copy of the award or judgment, no appeal could be filed and without securing a certified copy of the judgment, the disputant may not be in a position to know as to what had been held against him and what are the points which he has to raise. The disputant cannot be prejudiced or denied of the appeal remedy prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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