Dismissed

M/S Coorg Herigate Apartments v. General Manager

Karnataka HC15 Dec 2023WP/12808/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of two writ petitions challenging arbitration awards under the Karnataka State Soudhartha Sahakari Act. Noting the availability of an alternative remedy under Section 46, the court dismissed the petitions without adjudicating the merits.

What did the court decide?

Petitions dismissed noting availability of alternative remedy under Section 46 of the Act; liberty reserved to avail appeal.

M/S Coorg Herigate Apartments Vs General… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:45867 WP No. 12808 of 2022 C/W WP No. 1576 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 12808 OF 2022 (CS-RES)

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C/W

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WRIT PETITION NO. 1576 OF 2023 (CS-RES)

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IN WP NO. 12808/2022

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BETWEEN:

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M/S COORG HERIGATE APARTMENTS, T-1, PREMIER BELL APARTMENTS BENDOOR, KANKANADY POST, MANGALURU DK - 575 002, BY ITS PROP. S. VARADARAJA HEGDE, AGED ABOUT 68 YEARS, S/O LATE S. GOPALA HEGDE.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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MRS. SHAKUNTHALA V HEGDE, W/O S VARADARAJA HEGDE, AGED ABOUT 65 YEARS, H. NO. 15-12-689, T-1, PREMIER BELL APARTMENTS BENDOOR, NEAR ST. AGNES COLLEGE, KANKANADY POST, KADRI VILLAGE, MANGALURU - 575 002.

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…PETITIONERS

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(BY SMT. KAMALAMMA H, ADVOCATE FOR SRI. UDAYA SHANKAR RAI P, ADVOCATE)

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AND:

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GENERAL MANAGER,

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SRI. SARASWATHI CREDIT SOUHARDA SAHAKARI NIYAMITHA, DARBE, PUTTUR, D.K. DISTRICT - 575 003.

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- 2 - NC: 2023:KHC:45867 WP No. 12808 of 2022 C/W WP No. 1576 of 2023

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MR. YATHISH UDIPI, S/O LATE MANJUNATH ACHARYA, AGED ABOUT 67 YEARS, H.NO. 5-4 240/13, C-3, MAHESHWARI APARTMENTS BLOCK A, M G ROAD, BHAGAVATHI NAGAR, KODIALBAIL POST, MANGALURU - 575 003.

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…RESPONDENTS

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(BY MS. M. SHRIDEVI BHOSALE, ADVOCATE FOR R1; VIDE ORDERS DATED 20.11.2023 NOTICE TO R2 IS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED AWARD DATED 07.04.2022 IN DISPUTE NO.DRD/KA/RA/SOU.SA.NI./546/2020-21 PASSED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (NI 441) AND KARNATAKA STATE, SOUHARDHA SAHAKARI, ARBITRATION COURT ANNEXURE-N AND ETC.,

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IN WP N0. 1576/2023

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BETWEEN:

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MR. RAJESH KUMAR, S/O LATE KARUNAKAR, AGED ABOUT 48 YEARS, APT NO. A-304, DOOR NO. 278/34, 3RD FLOOR, COORG HERITAGE APTS., OPP CLUB MAHINDRA, MADIKERI -571 201, KODAGU.

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MR. MURALI KESHAVA P.S., S/O SHYAMA BHAT, AGED ABOUT 46 YEARS, APT NO. 307, DOOR NO. 278/37, 3RD FLOOR, COORG HERITAGE APARTMENTS, OPP: CLUB MAHINDRA, MADIKERI - 571 201, KODAGU.

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MR. BABURAJ, S/O KUNHAMBU PODUVAL,

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- 3 - NC: 2023:KHC:45867 WP No. 12808 of 2022 C/W WP No. 1576 of 2023

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AGED 51 YEARS, APT NO. A-306, DOOR NO. 278/34, 3RD FLOOR, COORG HERITAGE APARTMENTS, OPP CLUB MAHINDRA, MADIKERI - 571 201, KODAGU.

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…PETITIONERS

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(BY SRI. CHANDRANATH ARIGA K, ADVOCATE)

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AND:

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KARNATAKA STATE SOUHARDHA SAHAKARI LTD., "SOUHARDHA CO-OPERATIVE SOUDHA", FIRST FLOOR, IN BETWEEN 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 055.

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SRI. SARASWATHI CREDIT SOUHARDA SAHAKARI LTD., BY ITS GENERAL MANAGER, 1ST FLOOR, RADHIKA PLAZA, MANGALAMRITHA SOUDHA, M S ROAD, PUTTUR - 574 201, D.K. DISTRICT, (CO-OP REGISTERED U/S 15 OF THE KARNATAKA STATE SOUHARDA SAHAKARI ACT, 1997)

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…RESPONDENTS

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(BY SRI. SIDDHARATH BABU RAO, AGA FOR R1; MS. SHRIDEVI BHOSALE M, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN DISPUTE NO.DRD/KA.RA.SOU.SAM.SA.NI/543/2020-21, AND IN DISPUTE NO.DRD/KA.RA.SOU.SAM.SA.NI/546/2020-21, ON THE FILE OF THE R1.

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

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4 - NC: 2023:KHC:45867 WP No. 12808 of 2022 C/W WP No. 1576 of 2023

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ORDER

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The Petitions are field seeking for following reliefs:

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"i) Issue writ of certiorari to any other appropriate writ or order, set a side the impugned award dated 07.04.2022 in Dispute No.DRD/Ka.Ra.Sou.Sam.Sa.Ni/546/2020-21

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passed by the Deputy Registrar of Cooperative Societies (Ni 441) and Karnataka State, Souhrdha Sahkari, Arbitration Court (Annexure-N).

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ii) Grant such other further relief as she may me be entitled to in the circumstance of the case in the interest of justice."

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The Petitioners in WP.No.12808/2022 are the

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borrowers. The Petitioners in WP.No.1576/2023 are the

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residents of the individual apartments that are constructed in the mortgaged property.

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It is forthcoming that in both the Petitions award passed in proceedings under Section 39 of the Karnataka Soudhardha Sahakari Act, 1997¹ have been challenged.

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It is forthcoming that an appeal remedy under Section 46 is provided under the Act to challenge an award made under Section 39 of the Act.

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1 hereinafter referred as 'Act'

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5 - NC: 2023:KHC:45867 WP No. 12808 of 2022 C/W WP No. 1576 of 2023

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In WP.No.12808/2022, this court vide order dated 16.08.2022 grated interim stay subject to the Petitioners depositing sum of Rs.60,00,000/- before the next date of hearing and the matter was ordered to be re-listed on 26.09.2022. Thereafter, vide order dated 20.11.2023, this Court, noticing that the conditions imposed in interim order dated 16.08.2022 has not been complied with has vacated the said interim order.

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Having regard to the aforementioned and having regard to the availability of an alternative efficacy remedy under the Act, is expedient that the present petitions are disposed of, reserving liberty to the Petitioners to avail of the appeal remedy provided under the Act and if such a remedy is availed, the same shall be adjudicated in accordance with law.

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SD/JUDGE

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PNV List No.: 1 Sl No.: 24 CT: BHK

M/S Coorg Herigate Apartments v. General Manager

Case brief

What is this about?

What did the court decide?

M/S Coorg Herigate Apartments v. General Manager

Case brief

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