Dismissed

Bapuji Cooperative Housing Society Ltd. v. Deputy Registrar of Co-Operative Societies

Karnataka HC23 Nov 2021WP/5367/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed two writ petitions filed by a Cooperative Housing Society challenging arbitration endorsements and awards made in 2003. The Court held that the petitions were devoid of merits due to a delay of over 14 years and the expiration of the statutory 30-day period to challenge the awards.

What did the court decide?

The writ petitions were dismissed with the direction that no costs be awarded.

Bapuji Cooperative Housing Society Ltd. Vs Deputy… — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.5370 OF 2021(CS-RES) C/W WRIT PETITION NO.5367 OF 2021(CS-RES)

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IN W.P.NO.5370/2021:

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BETWEEN:

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BAPUJI CO-OPERATIVE HOUSING SOCIETY LTD., NO.9/1, IST CROSS ROAD, M M ROAD, BYATARAYANAPURA , MYSORE ROAD, BANGALORE-560 062. BY ITS PRESIDENT M K KOMARI GOWDA, S/O LATE KOMARI GOWDA, AGED 72 YEARS,

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...PETITIONER

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(BY SRI. P M NAYAK, ADVOCATE)

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AND:

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DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, CIRCLE-4, BANGALORE URBAN DISTRICT, COOPERATION DEPARTMENT , GOVERNMENT OF KARNATAKA, NO.146, 5^TH FLOOR, SAHAKARA SOUDHA, 3^RD MAIN, 8^TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560 003.

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SMT. M. P. BHARATHI, W/O G B KIRAN, AGED ABOUT 50 YEARS, NO.742, 9^TH CROSS, M C LAYOUT, VIJAYANAGAR, BANGALORE-560 040. … RESPONDENTS (BY SRI. VINOD KUMAR M,AGA FOR R1; SRI. NARASIMHARAJU, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE FIRST RESPONDENT PERTAINING TO ISSUANCE OF IMPUGNED ENDORSEMENT AND SET ASIDE THE ENDORSEMENT VIDE DATED 24.07.2019 ISSUED BY THE FIRST RESPONDENT AS AT ANNEXURE-G TO THIS WRIT PETITION AND ETC.,

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IN W.P.NO.5367/2021:

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BETWEEN:

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BAPUJI COOPERATIVE HOUSING SOCIETY LTD., NO.9/1, IST CROSS ROAD, M M ROAD, BYATARAYANAPURA, MYSORE ROAD, BANGALORE-560062. BY ITS PRESIDENT, M K KOMARI GOWDA, S/O LATE KOMARI GOWDA, AGED 72 YEARS,

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...PETITIONER

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(BY SRI. P M NAYAK, ADVOCATE)

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AND:

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DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, CIRCLE-4, BANGALORE URBAN DISTRICT, COOPERATION DEPARTMENT, GOVERNMENT OF KARNATAKA, NO.146, 5^TH FLOOR, SAHAKARA SOUDHA, 3^RD MAIN, 8^TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560 003.

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SMT. A. S. YASHODA, W/O M P JAYASHANKAR, AGED ABOUT 52 YEARS, NO.742, 9^TH CROSS, M C LAYOUT VIJAYANAGAR, BANGALORE-560 040.

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…RESPONDENTS (BY SRI. VINOD KUMAR M, AGA FOR R1; SRI. RAJESWARA P N, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE R-1 PERTAINING TO ISSUANCE OF IMPUGNED ENDORSEMENT AND SET ASIDE THE ENDORSEMENT DATED 24.07.2019 ISSUED BY THE R-1 AS AT ANNEXURE-G TO THE WRIT PETITION AND ETC.,

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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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Petitioner, a Co-operative Housing Society is

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knocking at the doors of Writ Court for assailing the endorsement dated 24.07.2019 issued by the 1^st respondent at Annexure-G seeking in effect rescinding of the award dated 03.10.2003 mainly on the ground that the awardees were not the members of the society and that no notice of the statutory arbitration proceedings was served on the society; there is also a prayer for readjudication of the arbitral dispute.

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The learned AGA appears for the 1^st respondent-

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DRCS; learned advocates Sri Narasimharaju & Sri P.N.Rajeshwar appear for the private respondents; all the advocates oppose the writ petitions on the ground of delay & laches; they deny petitioner’s version that notice of arbitral proceedings was not served on the society.

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Having heard the learned counsel for the parties

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and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the awards were made way back in the year 2003 and the

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Administrator appointed by the Government was

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representing the petitioner Society in the subject statutory disputes raised u/s.70 of the Karnataka Co-operative Societies Act, 1959; no plausible explanation is offered for the enormous delay of more than one & a half decades brooked in the matter vide Apex Court decision in VENKATACHALA IYENGAR Vs. B.N.THIMMAJAMMA , AIR 1959 SC 443.

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There is lot of force in the vehement contention of learned advocates appearing for the private parties that absolutely no material is placed before the court to prima facie show that the petitioner Society was not served with notice; even otherwise it is almost impossible to prove whether the notice was served or not, several years having lapsed by the time the lis is brought before this Court; there is no reason for this Court to assume the truthfulness of assertion of the petitioner Society.

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The application of the Society filed u/s.31(4)(b)

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of the Act has been rightly rejected by the DRCS since the law prescribes a period of 30 days from the date the party came to know of the passing of award and that period had

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long ago expired; the vehement submission of learned counsel for the petitioner that the Society had no knowledge of Sec.70 proceedings till very recently does not gain acceptance.

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In the above circumstances, these writ petitions

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being devoid of merits are dismissed.

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No costs.

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Sd/JUDGE

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Bsv

Bapuji Cooperative Housing Society Ltd. v. Deputy Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Bapuji Cooperative Housing Society Ltd. v. Deputy Registrar of Co-Operative Societies

Case brief

What is this about?

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