The Karnataka High Court dismissed Writ Petition No. 10705 of 2018 for non-prosecution as the petitioners failed to appear or present representation despite prior notice and remand.
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WP NO.10705 OF 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.10705 OF 2018 (CS-RES)
BETWEEN:
BOTH ARE RESIDING AT NO.43, SUNKAL FARM, II STAGE, 14TH CROSS, WILSON GARDEN, BENGALURU - 560 027.
…PETITIONERS
(BY SMT. SUDHA AND SRI N. SUBBA REDDY - PETITIONERS (ABSENT))
AND:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
WP NO.10705 OF 2018
K.R. ROAD, NEAR KUVEMPU KALAKSHETHRA, BENGALURU - 560 004. REPRESENTED BY ITS SECRETARY.
…RESPONDENTS
(BY SMT. A.R. SHARDAMBA, AGA FOR R1 AND 2; SRI. PRAKASH T. HEBBAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 23RD APRIL, 2015 VIDE ANNEXUREA PASSED IN APPEAL NO.315 OF 2009 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU AND SET ASIDE THE ORDER DATED 18TH MARCH, 2009 PASSED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES [RULE 441] ARBITRATION, KARNATAKA STATE CO-OPERATIVE TOWN BANK FEDERATION LIMITED, BENGALURU VIDE ANNEXURE-B; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
On 03rd November, 2022, this Court, observed thus:
“Perusal of the order sheet would indicate that petitioners are seeking time to address arguments. Even on the previous occasion, i.e., on 17.10.2022, learned counsel appearing for petitioners submitted that despite addressing notice, petitioners are not contacting him. Hence, he filed memo to retire from the case.
WP NO.10705 OF 2018
Perusal of the Memo would also indicate that the letter has been sent to petitioners by way of RPAD. Even today, there is no representation by the petitioners. Hence, learned counsel appearing for petitioners, filed memo to retire from the matter. Memo is accepted. Registry is directed to delete the name of learned counsel Sri. S. Venugopala and show the name of petitioners in the cause-list.
In order to provide an opportunity to petitioners, list this matter tomorrow i.e., on 04.11.2022.”
Today, there is no representation on behalf of petitioners. In that view of the matter, writ petition is dismissed for nonprosecution.
SD/JUDGE
ARK
Smt. Sudha W/o Sri. N. Subba Reddy
Sri. N. Subba Reddy
State of Karnataka
Joint Registrar of Cooperative Societies
Karnataka Contractors Sahakara Bank Niyamitha
E.S. Indiresh
As recorded by the court registry
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