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Judgment
K. Govindarajan, J.—The petitioner after obtaining the Award in A.O.P. No. 28 of 1991 on the file of the Deputy Registrar of Chits, Salem
dated 12.8.1992 filed execution petition in R.P. No. 12 of 1993. In the said proceedings, the respondent raised an objection saying that the
petitioner has not filed a certificate as contemplated under Rule 55(2) of the Chit Fund Rules, 1984, so as to enable him to execute the award.
Accepting that, the lower court rejected the execution proceedings. Aggrieved against the same, the petitioner has filed the above Civil Revision
Petition. The award was passed in favour of the petitioner on 12.8.1992 in A.O.P. No. 28 of 1991 on the file of the Deputy Registrar. Salem. The
petitioner also obtained the certificate in Form XVIII as contemplated tinder Rule 54 of the Chit Fund Rules. In the execution proceedings the
respondent filed a counter and objected the execution proceedings saying that the petitioner has not complied with Rule 55(2) of the Chit Funds
Rules. The learned counsel appearing for petitioner has submitted that the certificate has been obtained in Form-XVIII and so the petitioner is
entitled to execute the award on the basis of the said certificate. As rightly submitted by the learned counsel, appearing for the respondent, the
award passed under the Act can be executed only if the decree holder obtained certificate from the Registrar after completing the formalities
mentioned in Rule 55(2) of the Chit Fund Rules. According to the said provision, the decree holder should make an application to the Registrar for
examination along with all informations Rule 55(2) of the Chit Fund Rules. According to the said provision, the decree holder should make an
application to the Registrar for examination along with all informations required by him for the issue of certificate and in the said application he
should state whether he desired to execute the award through though Civil Court or through the Revenue authorities as provided u/s 71 of the
Tamil Nadu Chit Fund Act. I have gone through the original records. No certificate was filed before the lower Court by the petitioner as
contemplated under Rule 55(2) of the Chit Fund Rules. So the lower Court has rightly rejected the execution petition. Hence the Civil Revision
Petition is dismissed.