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2020 DIGILAW 156 (AP)

Lade Krishna Veni v. Chalapathi Chit Fund Pvt Ltd.

2020-02-25

R.RAGHUNANDAN RAO

body2020
JUDGMENT : R. Raghunandan Rao, J. The defendants 1, 2 and 5 in O.S.No.328 of 2003 in the Court of the Senior Civil Judge, Gajuwaka, have filed the present appeal against the judgment and decree dated 18.08.2006 in the above suit. 2. The 1st respondent/plaintiff in the appeal filed the present suit claiming that the 1st appellant had joined as a subscriber for a chit being organised by the plaintiff in a sum of Rs.5,00,000/-, which was to be paid in 40 monthly installments of Rs.12,500/-. It is the further case of the plaintiff/1st respondent that the 1st appellant joined as a subscriber in September, 2001 and paid initial installments till she became the successful bidder in the auction conducted on 23.12.2001 where she agreed to forego Rs.2,25,000/- and received the balance amount as prize money. The appellant also stated that this prize money was paid to the 1st appellant by cheque dated 23.03.2002 and a demand promissory note was executed by the defendants/appellants as collateral security. As there was default in making payment of subsequent installments, the present suit was filed by the plaintiff/1st respondent. 3. The 1st appellant/1st defendant and 3rd appellant/the 5th defendant filed separate written statements. In the written statement filed by the 1st defendant, she stated that her signatures were obtained on the blank printed forms and she never received the said money. Her further case was that the other defendants were not guarantors and their signatures were obtained for inducting them as subscribers. The 5th defendant/3rd respondent also denied the contents of the plaint and stated that the other defendants in the suit were not the guarantors of the 1st appellant and their signatures were taken to induct them as subscribers to a chit. 4. On the basis of the above pleadings, the trial Court framed the following issues: 1. Whether the account copy furnished by the plaintiff is true and correct? 2. Whether the suit is not maintainable due to the arbitration clause in the agreement? 3. Whether the plaintiff is entitled for the suit amount? 4. To what relief? 5. After considering the pleadings and arguments advanced by both the parties, the trial Court decreed the suit in favour of the plaintiff. 6. I have gone through the pleadings and the evidence in the suit. 3. Whether the plaintiff is entitled for the suit amount? 4. To what relief? 5. After considering the pleadings and arguments advanced by both the parties, the trial Court decreed the suit in favour of the plaintiff. 6. I have gone through the pleadings and the evidence in the suit. In the written statement, the claim of the 1st appellant was that her signatures were taken on blank printed forms and that in view of the arbitration clause in the agreement required the matter to be sent to arbitration. However in the cross-examination, the 1st appellant, who was examined as DW.1 admitted that she had joined as a subscriber of the chit run by the plaintiff and that she had received the prize money from the plaintiff by way of cheque after becoming the successful bidder in an auction, received money and had deposited the same in the Bank. She also admitted that she defaulted in paying chit subscriptions and went to the extent of denying her own signatures on the vakalat filed by her in the trial Court. She further admitted that she had committed default in paying future installments and is liable to pay installments due to the plaintiff. 7. In view of the above clear admissions by the 1st appellant in her examination, the question of looking at any further evidence or issues would not arise and it would have to be held that the version of the plaintiff/1st respondent is true and the submissions made by the 1st appellant/defendant in the written statement, which is clearly contradicted by her cross-examination, is incorporated and cannot be relied upon. 8. In view of the clear admissions of the 1st appellant it would have to be held that the 1st respondent/plaintiff had proved its case. 9. As far as the issue of reference to arbitration is concerned, it appears that no steps were taken by the 1st appellant/defendant or the other defendants to get the matter referred to arbitration nor was it is pressed at any stage including arguments after trial. Acquiescence of the 1 st appellant/defendant and the other defendants in going on with the suit would clearly show that there is a clear waiver of the said submission relating to arbitration. 10. Acquiescence of the 1 st appellant/defendant and the other defendants in going on with the suit would clearly show that there is a clear waiver of the said submission relating to arbitration. 10. I have gone through the judgment of the learned trial Judge and the said judgment is on the lines in which I have considered the appeal. I do not find any infirmity in the said judgment, which requires any interference from this Court. Hence the appeal is dismissed. There shall be no order as to costs. 11. As a sequel, pending miscellaneous petitions, if any, shall stand closed.