Disposed

Smt Bhagyalakshmi v. Managing Director

Karnataka HC28 Nov 2023WP/118/2022

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to direct cooperative societies to consider a refund representation and ensure deposit payment. Court directed Respondent No.2 to treat representation sent to R-1 as received and process refund within four weeks.

What did the court decide?

Directed Respondent No.2 to consider the submission dated 18.01.2021 as made to it and refund the deposit with interest within four weeks.

Smt Bhagyalakshmi Vs Managing Director — Consumer Protection | Karnataka HC (2023)

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1 - NC: 2023:KHC:42884 WP No. 118 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 118 OF 2022 (CS-RES)

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BETWEEN:

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SMT BHAGYALAKSHMI W/O B VEERABHADRAPPA AGED ABOUT 39 YEARS OCC NIL (HOMEMAKER) R/O NEAR VALMIKI BEEDI CHATNAHALLI POST, CHATNAHALLI DAVANAGERE-577225

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B VEERABHADRAPPA S/O SRI MAHADEVAPPA AGED ABOUT 42 YEARS, OCC BUSINESSMAN R/O NEAR VALMIKI BEEDI CHATNAHALLI POST, CHATNAHALLI DAVANAGERE-577225

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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P LOKESHA S/O SRI PAKIRAPPA AGED ABOUT 49 YEARS, OCC BUSINESSMAN R/O HOLE HANASAVADI VILLAGE, DIST SHIMOGA-577216

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V PARAMESHWARAPPA S/O V HALAPPA AGED ABOUT 49 YEARS OCC TEACHER R/O NO.41, SAALANGA ROAD MURUDALINGESHWARA BADAVANE NAVULE, SHIMOGA-577201

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…PETITIONERS

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(BY SRI. VEERESH R BUDIHAL., ADVOCATE)

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NC: 2023:KHC:42884 WP No. 118 of 2022

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AND:

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MANAGING DIRECTOR KARNATAKA STATE SOUDHARDA FEDERAL CO OPERATIVE LIMITED NIRMAN BHAVAN DR RAJKUMAR ROAD 1ST BLOCK, RAJAJINAGAR BANGALORE-560010

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SPECIAL OFFICER / ADMINISTRATOR/ THE AUTHORISED SIGNATORY AAVISHKAR SOUHARDA MULTIPURPOSE CO OPERATIVE LIMITED M N PLAZA NO.154 1ST 2ND FLOOR, 1ST MAIN ROAD, 1ST BLOCK RAJAJINAGAR BANGALORE-560010 …RESPONDENTS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE FOR R1 SRI. GIRISH T.R., ADVOCATE FOR R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R-1 TO CONSIDER THE REPRESENTATION DTD 18.01.2021 ADDRESSED BY THE PETITIONER NO.1 TO THE R-1 VIDE ANNX-L AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present petition is filed seeking for the

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following reliefs:

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i. Issue a Writ in the nature of Mandamus or any other order or direction to the Respondents No.1 to consider the representation dated 18.01.2021 addressed by the petitioner No.1 to the Respondent No.1 vide Annexure L to the Writ Petition.

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ii. Issue a Writ in the nature of Mandamus or any other Order or direction to the Respondents No.1 to ensure

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3 - NC: 2023:KHC:42884 WP No. 118 of 2022

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that the Respondent No.2 pays to the Petitioners the money deposited by the petitioners with the Respondent No.2, along with the applicable rate of interest.

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iii. Issue such other writ, grant such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of this case, including cists, in the interest of justice and equity.

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It is the case of the of the Petitioner that they made a representation 18.1.2021 (Annexure-L to the Writ Petition) for refund of the amount from Respondent No.2 out of the proceedings pre-deposit made by Prime Commerce.

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Respondent No.1 has filed its statement of objections placing on record that consequent to elections to the 2^nd Respondent that was held on 10.1.2020, a new managing Committee was elected. Thereafter the 1^st Respondent directed the Prime Commerce to refund the amount and accordingly, the amount has been deposited by the Prime Commerce in the account of the 2^nd Respondent and the amounts are being refunded by the 2^nd Respondent upon a request made by the depositors.

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Learned counsel for 2^nd Respondent submits that

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the refunds are being made periodically as per the request

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NC: 2023:KHC:42884 WP No. 118 of 2022

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made by the depositors. He further submits that the representation dated 18.1.2021 (Annexure-L to the writ petition) has been given to the 1^st Respondent and till date, no representation has been made by Petitioners to 2^nd Respondent.

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Having regard to the aforementioned, the present Writ Petition is disposed of by directing the 2^nd Respondent to consider the representation dated 18.1.2021 (Annexure-L to the Writ Petition) as a representation of the Petitioners made to it and the 2^nd Respondent shall consider the said representation dated 18.1.2021 seeking for refund of the deposit in accordance with law within a period of four weeks from today.

Ordered accordingly.

Sd/JUDGE

List No.: 1 Sl No.: 49

Smt Bhagyalakshmi v. Managing Director

Case brief

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Smt Bhagyalakshmi v. Managing Director

Case brief

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