Petitioners challenged the Appellate Tribunal's refusal to refund disbursed amounts. The court expedited pending adjudication proceedings against them and reserved liberty for refund applications post-disposal.
Directed the Joint Registrar to conclude pending proceedings within 3 months; liberty reserved to apply for refund after disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.6249 OF 2019 (CS-RES)
BETWEEN:
1 . SRI. AZEEZ KHAN S/O GUIBAN KHAN, AGED ABOUT 57 YEARS, OCC: BUSINESS, NO.26, 1ST CROSS, RAHMATH NAGAR, RT NAGAR, BENGALURU-560 032.
2 . SMT SABINA W/O AZEEZ KHAN, AGED 40 YEARS, OCC: HOUSEHOLD, NO.26, 1ST CROSS, RAHMATH NAGAR, RT NAGAR, BENGALURU-560 032.
…PETITIONERS
(BY SMT. SANDHYA U. PRABHU, ADVOCATE P-1; SRI. N.R. KRISHNAPPA, ADVOCATE FOR P-2)
AND:
1 . THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION LTD., NO.132, K H ROAD, 2ND FLOOR, BENGALURU-560027.
2 . THE CITIZEN CO-OPERATIVE BANK LTD NO.651/A, D BLOCK, 2ND STAGE, 1ST MAIN, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU-560010 BY ITS MANAGER.
…RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP FOR R-1; SRI.L.M. RAMAIAH GOWDA, ADVOCATE FOR R-2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
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OF KARNATAKA APPELLATE TRIBUNAL, BENGALURU, PASSED IN APPEAL NO.76/2014 (CO-OP) DATED 07.12.2018, REJECTING THE I.A., OF PETITIONERS, COPY OF THE ORDER IS PRODUCED AT ANNEXURE-E; AND ETC.
THIS W.P. COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
In this petition, petitioners have sought for the
following reliefs:
learned counsel for the respondents and perused the material on record.
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3. The material on record discloses that
aggrieved by the judgment and award passed by respondent No.1 / Joint Registrar of Co-operative Societies in favour of respondent No.2 / Bank in a dispute raised against the petitioners, petitioners deposited a sum of Rs.6,50,000/- on 09.09.2014 and preferred an appeal in Appeal No.76/2014 before the Karnataka Appellate Tribunal, Bengaluru (for short, ‘KAT, Bengaluru’). There is a serious dispute between the petitioners and respondent No.2 with regard to the said deposit being made by the petitioners. Further, by final order dated 30.05.2018, the said appeal preferred by the petitioners was allowed by the KAT, Bengaluru, which set aside the judgment and award passed by respondent No.1 / Joint Registrar of Cooperative Societies and remitted the matter back to respondent No.1 for reconsideration afresh in accordance with law.
KAT, Bengaluru, the matter is pending before the respondent No.1 / Joint Registrar of Co-operative Societies
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for consideration even as on today. Subsequently, on 07.12.2018, the petitioners filed an application under Section 151 CPC before the KAT, Bengaluru seeking refund of the said amount deposited by the petitioners. The said application having been opposed by respondent No.2 / Bank, the KAT, Bengaluru, proceeded to dismiss the said application by passing the impugned order, which is assailed by the petitioners in the present petition.
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and at any rate within a period of three months from the date of receipt of a copy of this order.
Subject to the aforesaid directions and liberty reserved in favour of the parties, petition stands disposed
of.
All rival contentions are kept open and no opinion is expressed on the same.
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Registry is directed to re-transmit the records of the proceedings before the respondent No.1 / Joint Registrar of Co-operative Societies, back to the respondent No.1 / Joint
Registrar of Co-operative Societies, forthwith.
Sd/-
JUDGE
SV
Sri. Azeez Khan S/o Guiiban Khan
Smt Sabina W/o Azeez Khan
The Joint Registrar of Co-operative Societies, Karnataka State Co-operative Urban Banks Federation Ltd.
The Citizen Co-operative Bank Ltd.
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
