The court reviewed an order imposing an exigently imposed cost of Rs. 25,000 erroneously charged in the present writ petition. The petition was allowed, and the impugned order was modified to remove the incorrect cost imposition.
Review petition allowed; order dated 07.10.2021 modified to remove the imposition of cost of Rs. 25,000.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE UMESH M. ADIGA REVIEW PETITION NO. 450 OF 2022
IN
WRIT PETITION NO.15686 OF 2019 (GM-KLA)
BETWEEN:
SRI. SHARANAGOUDA G. PATIL S/O GURUBASAPPAGOWDA PATIL AGED ABOUT 42 YEARS MANAGING DIRECTOR KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LIMITED NIRMAN BHAVAN DR.RAJKUMAR ROAD, 1ST BLOCK RAJAJINAGAR BENGALURU-560 010 …PETITIONER
(BY SHRI. B.G. FAYAZ SAB, ADVOCATE)
AND:
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SHRI. VENKATESH S. ARABATTI, ADVOCATE FOR R1; SHRI. JEEVAN J. NEERALAGI, AGA FOR R2)
THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS AND TO REVIEW THE EARLIER FINAL ORDER DATED 07/10/2021 PASSED IN WRIT PETITION NO. 15686/2019 (GM-KLA) AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REVIEW PETITION COMING ON ADMISSION THIS DAY, P.S. DINESH KUMAR J. , MADE THE FOLLOWING:
ORDER
This review petition is filed seeking to review/modify the order dated 07.10.2021 passed by this Court in W.P.No.15686/2019.
had imposed cost of Rs.25,000/- in the connected matter W.P.No.14102/2019. Inadvertently, cost has been wrongly imposed in W.P.No.15686/2019 also. Therefore, he seeks modification of the order. This submission is not opposed by Shri. Arabatti and Shri. Jeevan Neeralgi.
ORDER
i) Review Petition is allowed;
ii) Order dated 07.10.2021 passed in W.P.No.15686/2019 is modified and imposition of cost of Rs.25,000/- is removed.
iii) Order in WP No.15686/2019 shall be corrected accordingly.
No costs.
Sd/JUDGE
Sd/JUDGE
YN List No.: 1 Sl No.: 38
2 issues framed by the court
Whether an inadvertent imposition of cost in a connected writ petition should be modified in the present petition.
Whether the order dated 07.10.2021 imposing interim costs should be reviewed and modified to remove the erroneous cost imposition.
1 provisions across 1 enactments
Sri. Sharanagotha G. Patil
Karnataka Lokayuktha
The Registrar of Co-operative Societies
The President Karnataka State SouharDA Federal Co-operative Limited
The President Sapthashri SouharDA Credit Co-operative Limited
Mr. Eshwara
P.S. Dinesh Kumar
Umesh M. Adiga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
