Dismissed

Mrs. Noorjahan v. the State of Karnataka

Karnataka HC21 Sept 2023WP/15274/2023

Case brief

AI extract

What is this about?

Writ petition filed by borrowers and guarantor seeking to quash Form Nos. 8 and 9 due to alleged loan repayment. Court held recovery actions are appealable and alternative remedy exists. Petition dismissed preserving liberty to approach appropriate authority.

What did the court decide?

Petition dismissed; liberty granted to petitioners to approach appropriate authority howsoevers known to law.

Mrs. Noorjahan Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:34310 WP No. 15274 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15274 OF 2023 (CS-RES)

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BETWEEN:

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MRS. NOORJAHAN, W/O ABDUL HAMEED, AGED 56 YEARS, R/AT HOUSE NO.7-119E, 7TH BLOCK KRISHNAPURA, MANGALURU - 575 014.

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MR. MOHAMMED MUZAMMIL, S/O ABDUL HAMEED, AGED 34 YEARS, R/AT HOUSE NO.7-119E, 7TH BLOCK KRISHNAPURA, MANGALURU - 575 014.

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…PETITIONERS

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Digitally signed by H K HEMA Location: High Court of Karnataka

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(BY SRI. SUMAN HEGDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE SOCIETY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, DR. BR AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY / CEO.

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RECOVERY OFFICER OF CO-OPERATIVE SOCIETY LOANS, K C S R 441,

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NC: 2023:KHC:34310 WP No. 15274 of 2023

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D.K. DISTRICT CENTRAL CO-OPERATIVE BANK LTD., MANGALURU - 575 003, REPRESENTED BY ITS ASSISTANT REGISTRAR.

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DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. KODIYALBAIL, MANGALURU - 575 003, REPRESENTED BY ITS BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI. SIDHARTH, AGA FOR R1 AND R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION TO QUASH FORM NO.8 AND 9 IN DISPUTE NO. 796/2021-22 AND CEP NO. 243/2022-23 DATED 02/06/2023 PASSED BY THE R2 WHICH ARE PRODUCED AT ANNEXURE-G AND H IN SO FAR AS PETITIONER CONCERNED 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 petitioners are members of respondent No.3 - Society. Petitioner No.1 had borrowed certain amounts from respondent No.3 - Society. Petitioner No.2 had stood as a guarantor to the loan borrowed by petitioner No.1. On the ground that petitioner No.1 committed default in repayment of the loan, respondent No.3 - Society initiated recovery proceedings against the petitioners. Consequently, an award has been passed against the

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3 - NC: 2023:KHC:34310 WP No. 15274 of 2023

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petitioners and auction notices have been issued.

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Aggrieved by the same, the present writ petition is filed.

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The case of the petitioners is that the entire loan

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amount has been repaid. The same is disputed by the respondent No.3.

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The action of respondents which is under challenge in the instant writ petition are appealable in nature. For the said reason, as the petitioners are having an alternative efficacious remedy, the writ petition is

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dismissed reserving the liberty to the petitioners to approach appropriate authority in the manner known to law.

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SD/JUDGE

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MH/List No.: 1 Sl No.: 21 CT: BHK

Mrs. Noorjahan v. the State of Karnataka

Case brief

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Mrs. Noorjahan v. the State of Karnataka

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