Chit fund Act prescribes a definite procedure for filing an appeal - Section 3 of the Chit Funds Act, 1982, overrides other laws, - the appeal filed under section 34 of the Arbitration and Conciliation Act, is not maintainable.
Citation
CDJ 2013 MHC 2088
K.Periyasamy vs Shriram chits Tamilnadu (p) Ltd, Namakkal
Head Note
Constitution of India - Article 227 - Arbitration and Conciliation Act, 1996 - Section 34 - Civil Revision - This Petition is filed against the order made by trial court rejecting an application filed under the above act to set aside the award passed by Registrar of Chits –
Court held, the combined reading of the provisions of the Arbitration and Conciliation Act 1996 and the Chit Funds Act, 1982 and the Rules framed therein, manifestly makes clear that when the Act prescribes a definite procedure for filing an appeal and when Section 3 of the Chit Funds Act, 1982, overrides other laws, memorandum, articles, etc., the appeal filed under section 34 of the Arbitration and Conciliation Act, is not maintainable and hence, this Court is of the view that no manifest illegality is committed by the court below in rejecting the application - The civil revision petition is dismissed.
(Paras 15, 16, 17, 18, 19, 20, 21)
Comparative Citations:
2013 (3) CTC 231, 2013 (2) LW 908
Court held, the combined reading of the provisions of the Arbitration and Conciliation Act 1996 and the Chit Funds Act, 1982 and the Rules framed therein, manifestly makes clear that when the Act prescribes a definite procedure for filing an appeal and when Section 3 of the Chit Funds Act, 1982, overrides other laws, memorandum, articles, etc., the appeal filed under section 34 of the Arbitration and Conciliation Act, is not maintainable and hence, this Court is of the view that no manifest illegality is committed by the court below in rejecting the application - The civil revision petition is dismissed.
(Paras 15, 16, 17, 18, 19, 20, 21)
Comparative Citations:
2013 (3) CTC 231, 2013 (2) LW 908
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