Disposed

Karavali Credit Cooperative Society Ltd., v. Miss Sujatha B

Karnataka HC18 Jul 2023WP/13799/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed by a cooperative society. The Court directed the Joint Registrar to dispose of a pending appeal within two months and stayed the implementation of an interim order until then.

What did the court decide?

Petition disposed; direction to respondent No. 2 to dispose of the appeal within two months; stay on implementation of interim order.

Karavali Credit Cooperative Society Ltd., Vs Miss… — Company and Corporate | Karnataka HC (2023)

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NC: 2023:KHC:24893 WP No. 13799 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 13799 OF 2023 (CS-RES)

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BETWEEN:

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KARAVALI CREDIT COOPERATIVE SOCIETY LTD., REGISTER UNDER CO-OPERATIVE SOCIETY ACT, GANIGA BHAVAN, ATTAVAR, MANGALORE, D.K. - 575 001, REPRSENTED BY THE PRESIDENT A.S. VENKATESH, S/O A. SEENAPPA, AGED ABOUT 72 YEARS.

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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KARAVALI CREDIT COOPERATIVE SOCIETY LTD., REGISTER UNDER CO-OPERATIVE SOCIETY ACT, GANIGA BHAVAN, ATTAVAR, MANGALORE, D.K. - 575 001, REPRESENTED BY CHIEF EXECUTIVE OFFICER ANIL KUMAR M, S/O LATE MAHABALA, AGED ABOUT 55 YEARS.

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…PETITIONERS

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(BY SRI. SACHIN B.S., ADVOCATE)

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AND:

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MISS. SUJATHA B.,

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NC: 2023:KHC:24893 WP No. 13799 of 2023

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D/O LATE SHESHAPPA, MAJOR, KOTEKAR POST, MANGALORE - 575 022.

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JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MYSORE DISTRICT, MYSORE - 570 001.

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…RESPONDENTS

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(BY SRI. S. MAHESH KIRAN SHETTY, ADVOCATE FOR R1; SMT. A.R. SHARADAMBA, AGA FOR R2)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.4.2022 IN NO.JRM/DDS/02/2022-23 PASSED BY THE R-2, AS PER ANNEXURE-A AND ETC.,

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

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ORDER

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R.DEVDAS J., (ORAL):

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Learned counsel Sri. Mahesh Kiran Shetty, has entered appearance for respondent No.1. Learned Additional Government Advocate is directed to take notice for respondent No. 2.

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The petitioner-Cooperative Society is before this Court aggrieved by an interim order dated 30.04.2022 at Annexure-A passed by respondent No.2-Joint Registrar of

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3 - NC: 2023:KHC:24893 WP No. 13799 of 2023

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Co-operative Societies, Mysuru District. The petitioner-Society is also seeking a direction to Joint Registrar, to dispose of the application filed by the petitioner to vacate the interim order.

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Learned counsel Sri. S. Mahesh Kiran Shetty appearing for respondent No.1 submits that the petitionerSociety has admittedly filed an application to vacate the interim order dated 30.04.2022, on 25.05.2022 and therefore, the petitioner-Society had to await the decision on the said application. It is also sought to be submitted that the petitioner-Society has an alternative efficacious remedy.

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However, on hearing the learned counsel for the petitioner and respondent No.1, this Court is of the considered opinion that since, the appeal itself is pending consideration before the Joint Registrar of Co-operative Societies, Mysuru District, this Court may direct the Joint Registrar to dispose of the appeal within a time frame.

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Consequently, the writ petition stands disposed of, with a specific direction to respondent No.2-Joint Registrar of Cooperative Society, Mysuru District, to consider and dispose of the dispute in JRM/DDS/02/2022-23 as expeditiously as

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4 - NC: 2023:KHC:24893 WP No. 13799 of 2023

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possible and at any rate within a period of two months from the date of receipt of a copy of this order.

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Ordered accordingly.

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In the mean time, if the interim order passed by the Joint Registrar of Cooperative Societies on 30.04.2022 has not been implemented by the petitioner-Society till date, respondent No.1 shall not insist on the implementation of the said order, since, dispute itself has been directed to be disposed of within a time frame.

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Sd/JUDGE

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Karavali Credit Cooperative Society Ltd., v. Miss Sujatha B

Case brief

What is this about?

What did the court decide?

Karavali Credit Cooperative Society Ltd., v. Miss Sujatha B

Case brief

What is this about?

What did the court decide?

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