Disposed

Somanatha Shetty v. Joint Registrar of Co. Operative

Karnataka HC21 Dec 2020WP/2629/2016

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution of India to quash an award regarding a loan dispute, the High Court of Karnataka allowed withdrawal of the petition. The petitioner was granted three months to pay the balance award amount, after which the respondent bank may execute the award.

What did the court decide?

Petitioner granted three months time from today to pay the balance award amount. Writ petition dismissed as withdrawn.

Somanatha Shetty Vs Joint Registrar of Co… — Writ and Judicial Review | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF DECEMBER, 2020

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BEFORE

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THE HON' BLE MR. JUSTICE S.G. PANDIT

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WRIT PETITION No.2629/2016 (CS-RES)

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BETWEEN:

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SOMANATHA SHETTY AGED ABOUT 49 YEARS, S/O NANDU SHETTY, PADU VILLAGE, UDUPI TALUK, P.O.KAUP - 574 106.

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K.P.ACHARYA AGED ABOUT 68 YEARS, S/O ANANTHARAJ ACHARYA, ANANTHA, PADU VILLAGE, UDUPI TALUK, P.O.KAUP - 574 106.

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SHWETHA D AITHAL AGED ABOUT 35 YEARS, W/O DINESH AITHAL, ANANTHA, PADU VILLAGE, UDUPI TALUK, P.O.KAUP - 574 106.

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...PETITIONERS

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(BY SRI.VYASA RAO K S, ADV.)

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AND:

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE REGION, MYSORE, PUBLIC OFFICERS BUILDING, NEW SAYYAJI RAO ROAD, MYSORE - 570 024.

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SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., KODIALBAIL, MANGALORE - 575 001. REPD. BY ITS MANAGING DIRECTOR.

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THE KARNATAKA APPELLATE TRIBUNAL BENGALURU, MULTISTORIED BUILDING, BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SMT.JYOTHI BHAT, HCGP. FOR R1 & 3 SMT. NEERAJA KARNATH, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER ANNEX-A DATED 27.11.2015 PASSED BY THE R3 IN APPEAL NO.304/2014 CONFIRMING THE AWARD PASSED BY THE R1 DATED 28.03.2014 VIDE ANNEX-B.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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Sri Vyasa Rao K.S. learned counsel for the petitioner is physically present before the Court and files a memo dated 21.12.2020 to withdraw the writ petition and prays for some time to pay the balance amount as per the award.

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The memo is placed on record.

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Learned counsel for the 2^nd respondent – Bank submits that the petitioner has sought for six months time in the memo to repay the balance amount, but it would be a long period, since the loan is availed in the year 2009 and award is of the year 2014.

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Taking into consideration the over all view of the matter as well as the prevailing situation of Pandemic Covid-19 and as the petitioner has come forward to pay the remaining award amount, I deem it appropriate to

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grant three months time from today to pay the balance award amount.

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The writ petition is dismissed as withdrawn. The petitioner is granted three months time from today to pay the balance award amount. If the petitioner fails to pay the balance award amount within the time granted, the 2^nd respondent – Bank would be at liberty to proceed to execute the award.

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SD/JUDGE

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NG* CT:bms

Somanatha Shetty v. Joint Registrar of Co. Operative

Case brief

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Somanatha Shetty v. Joint Registrar of Co. Operative

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