CHS.382/10 IN EXA.82/10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.382 OF 2010 IN EXECUTION APPLICATION NO.82 OF 2010 Shriram Chits (Mah) Ltd .. Applicant versus M/s.Kay Vee & Co & Ors .. Respondents Mr.Saikumar Pathrudu for the applicant. Mr.Bhavin H. Gada a/w Ms.Yogini D. Gada i/by Harakchand & Co for the respondents. CORAM : R.S.MOHITE, J. DATE : 10th August 2010. P.C.: . This is a chamber summons taken out by the original opponent Nos.3 and 4 against whom an award has been passed by the Registrar under the Chit and Funds Act, 1982. The said award has been passed on 27th August 2009. The award is an ex-parte award. It is the contention of the present opponent Nos.3 and 4 that they were not served with any proceeding before award was passed. They contend that they came to know about passing of award for the first time on 18th February 2010 when the bailiff of this Court came to execute the award. It is their case that on 18th February 2010 on CHS.382/10 IN EXA.82/10 2 behalf of the opponent Nos.3 and 4 a cheque in the amount of Rs.20,02, 210.79/- was given to the bailiff. The bailiff report firstly records that amount has been given in full and final settlement of the claim under the award. Later on, there is another note of bailiff recording the request made on behalf of the opponent Nos.3 and 4 that the cheque amount should be retained by the bailiff and not handed over to the disputant and that the money is handed over under the protest to avoid humiliation. 2. The record indicates that thereafter this chamber summons was taken out on 8th March 2010 and during the pendency of this chamber summons an appeal has been filed under section 70 of the Chit and Funds Act, 1982 before the Appellate Authority which is State of Maharashtra through the Deputy Commissioner of Sales Tax. 3. It is also contended that alongwith appeal an application for stay of execution has been made. I, however, find that no stay has been obtained and even a copy of the application for stay has not been served upon the disputant. In the circumstances, there is no impediment in the execution of the award. Before making any prayers relating to staying the execution or even regulating the same, it will be necessary on the part of the disputant to obtain appropriate orders from the Appellate Authority. Unlike Arbitration Act, CHS.382/10 IN EXA.82/10 3 1996 there is no automatic stay of award under the Chit and Funds Act. In the circumstances, I am not inclined to entertain the chamber summons. The chamber summons is dismissed. The advocate for respondent Nos.3 and 4 states that the ad-interim stay granted may be continued for a short period of time to enable him to take appropriate steps. The ad-interim stay is, therefore, continued for a period of three weeks from today. (R.S.MOHITE, J)