Writ petition challenging an order dismissing an appeal filed by a deceased respondent. The court dismissed the petition as it abated upon the death of the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 1680 OF 2015 (CS-RES)
BETWEEN:
THE GRAIN MERCHANTS CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 18.
…PETITIONER
(BY SRI. SANDESH T.B, ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. MILIND DANGE, AGA FOR R1 AND R2;
SRI. MOHAN K.N, ADVOCATE FOR R3)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER VIDE ANN-G DISMISSING THE APPEAL DATED 7.1.2012 PASSED BY R-2 AND ETC.,
NC: 2023:KHC:41658 WP No. 1680 of 2015
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Petition is filed challenging the Order dated 07.01.2012 passed by the Respondent No.2 in Appeal No.RCS/DAP/14/2010-11.
NC: 2023:KHC:41658 WP No. 1680 of 2015
07.01.2012 allowed the appeal on the ground that the enquiry officer has not gave an opportunity to the Respondent No.3 to cross-examine the witnesses as contemplated under Section 63 of the Act and also not furnished the documents to Respondent No.3. Being aggrieved the present Petition is filed. During the pendency of the present Writ Petition, it is placed on record that Respondent No.3 died on 14.09.2023.
deceased the present Petition is dismissed as abated.
SD/JUDGE
PNV
List No.: 1 Sl No.: 29 CT: BHK
The Grain Merchants Co-Operative Bank Ltd.
The Joint Registrar of Co-Operative Societies, Bangalore Region
The Additional Registrar of Co-Operative Societies
P. S. Guruprasad
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
