Dismissed

Usha W/O Ramachandra Naik v. Cheief Executive Officer

Karnataka HC19 Sept 2023WP/100523/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed by borrowers challenging recovery notices and orders issued by a cooperative society following a default on a loan. The court held that since the underlying award was not questioned, the execution proceedings and the impugned notices were valid.

What did the court decide?

Impugned notices and orders dated 8-3-2022, 27-5-2022, and 28-11-2022 under Karnataka Souharda Sahakari Rules are upheld.

Usha W/O Ramachandra Naik Vs Cheief Executive Officer — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC-D:10862 WP No. 100523 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 100523 OF 2023 (CS-DAS)

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BETWEEN:

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USHA W/O. RAMACHANDRA NAIK, AGED 48 YEARS, OCC: HOUSEHOLD, R/O: GAYATRI NAGAR, BANAVASI ROAD, SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA -581401.

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RAMACHANDRA S/O. TIMMAPPA NAIK, AGED 63 YEARS,OCC: SERVICE, R/O: GAYATRI NAGAR, BANAVASI ROAD, SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA -581401.

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…PETITIONERS

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(BY SRI VISHWANATH HEGDE, ADVOCATE)

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AND:

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2023.09.25 10:55:17 +0530

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CHEIEF EXECUTIVE OFFICER, NAVODAYA VIVIDIDDESHA SOUHARDA SAHAKARI NIYAMITA, G-26, FIRST FLOOR , VENKATRAMANA ARCADE BUILDING, BHAVANTHI STREET, MANGALURU-575001.

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RECOVERY OFFICER (NI-441) AND ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, KARNATAKA RAJYA SOUHARDA SAMYUKTA SAHAKARI NIYAMITA, BENGALURU, SOUHARDA SAHAKARI SOUDHA, NO.68, BETWEEN 17 AND 18 CROSS , MARGOSA ROAD, MALLESHWARAM, BENGALURU-560055.

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DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES(NI.441), DAVA PANCHAYATI NYAYALAYA, KARNATAKA RAJYA SOUHARDA SAMYUKTA SAHAKARI NIYAMITA,

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2 - NC: 2023:KHC-D:10862 WP No. 100523 of 2023

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BENGALURU,

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NO.62, 2^ND FLOOR, MARGOSA ROAD, (3^RD MAIN), 18^TH CROSS, PIPELINE, MALLESHWARAM, BENGALURU-560055.

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NARENDRA S/O. SADASHIV NEJJUR, AGED MAJOR, OCC: NOT KNOWN, NEJJURU PLOT, BANAVASI ROAD, SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA-581401.

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…RESPONDENTS

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(BY SRI K. RAGHAVENDRA RAO & SMT. V. VIDYA IYER, ADV. FOR R1; NOTICE TO R2, R3 & R4 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE NOTICE DATED 8-3-2022 IN FORM NO.4 UNDER RULE 13 (3) OF KARNATAKA SOUHARDA SAHAKARI RULES ISSUED BY RESPONDENT NO.2 MARKED AT ANNEXURE-A BEARING NO.EX.NO.KARASOUSAMSANI/VAA/1270/2021-22, NOTICE DATED 27-5-2022 IN FORM NO.7 UNDER RULE 17 (2) (A) AND (B) OF KARNATAKA SOUHARDA SAHAKARI RULES ISSUED BY RESPONDENT NO.2 MARKED AT ANNEXURE-B BEARING NO.EX.NO.KARASOUSAMSANI/VAA/1270/2021-22, ORDER DATED 28-11-2022 IN FORM NO.8 UNDER RULE 17(2)(D) OF KARNATAKA SOUHARDA SAHAKARI RULES ISSUED BY RESPONDENT NO.2 MARKED AT ANNEXURE-C BEARING NO.EX.NO.KARASOUSAMSANI/VAA/1270/2021-22 AND ORDER DATED 28-11-2022 IN FORM NO.9 UNDER RULE 17(2)(D) OF KARNATAKA SOUHARDA SAHAKARI RULES ISSUED BY RESPONDENT NO.2 MARKED AT ANNEXURE-D IN EX.NO.KARASOUSAMSANI/VAA/1270/2021-22 IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC-D:10862 WP No. 100523 of 2023

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ORDER

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Captioned petition is filed by the borrowers

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questioning the demand notice issued pursuant to award passed against the petitioners herein.

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This court taking a lenient view was pleased to grant interim order vide order dated 25.01.2023 subject to the petitioners depositing 25% of the amount within six weeks. Learned counsel for the petitioners fairly submits that petitioners have not complied the interim order.

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It is borne out from the records that petitioners have availed loan of Rs.8,00,000/- from respondent No.1 and on account of default proceedings were initiated against the petitioners before respondent No.3-authority. An award came to be passed on 27.10.2020. Admittedly, petitioners have not questioned this award. If these significant details are taken into consideration, then this court is unable to understand as to how petitioners can resist execution proceedings having failed to challenge the award. If the award passed by respondent No.3 has

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4 - NC: 2023:KHC-D:10862 WP No. 100523 of 2023

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attained finality, respondents are entitled to enforce the award and recover the amount. Therefore, I do not find any illegality in the impugned notice issued by the authority.

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The writ petition being devoid of merits stands dismissed.

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Sd/JUDGE

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MBS List No.: 1 Sl No.: 96

Usha W/O Ramachandra Naik v. Cheief Executive Officer

Case brief

What is this about?

What did the court decide?

Usha W/O Ramachandra Naik v. Cheief Executive Officer

Case brief

What is this about?

What did the court decide?

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