Partly allowed

M/S. Bremels Rubber Industries Pvt. Ltd., v. Joint Registrar of Co. Operative Societies

Karnataka HC12 Oct 2023WP/18350/2023

Case brief

AI extract

What is this about?

The High Court, by way of original writ jurisdiction, quashed the order of the Joint Registrar of Co-operative Societies denying petitioners leave to file additional statements. The directors were permitted to file applications and dispose of the dispute expeditiously, provided they cooperate for early disposal.

What did the court decide?

Impugned order denying additional statement of objections set aside; directions issued to Joint Registrar to permit filing and dispose dispute expeditiously.

M/S. Bremels Rubber Industries Pvt. Ltd., Vs Joint… — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 18350 OF 2023 (CS-RES)

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C/W

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WRIT PETITION NO. 12186 OF 2023 WRIT PETITION NO. 12188 OF 2023 WRIT PETITION NO. 18310 OF 2023

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IN WP NO.18350 OF 2023:

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BETWEEN:

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Digitally signed by V MANJUSHA BAI

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Location: High Court of Karnataka

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M/S. BREMELS RUBBER INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.12 AUSTEN INFRASTRUCTURES LTD. SPECIAL ECONOMICAL ZONE PHALIMAR, NANDIKURU VILLAGE PADUBIDRE POST, KAPU TALUK UDUPI DISTRICT-574 111 REPRESENTED BY ITS MANAGING DIRECTOR SRI NISCHITH B. SHETTY.

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SRI NISCHITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 48 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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SRI ADITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 41 YEARS

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NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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…PETITIONERS

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(BY SRI MADHUKAR M. DESHPANDE, ADVOCATE)

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AND:

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION NEW SAYYOJI RAO ROAD MYSORE-570 024.

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SOUTH CANARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NO.113, MANGALORE-575 003 REPRESENTED BY ITS MANAGING DIRECTOR REGISTERED UNDER SECTION 14A OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

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…RESPONDENTS

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(BY SRI SIDHARTH, AGA FOR R.1; SRI A. MAHAMMED TAHIR, ADVOCATE FOR R.2.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION QUASHING THE ORDER DATED 10.08.2023 PASSED BY THE RESPONDENT NO.1 IN DISPUTE NO.JRM/DDS/71/2022-23/(ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER NO.1 (ANNEXURE-N) AND ETC.

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IN WP NO.12186 OF 2023:

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BETWEEN:

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M/S. BREMELS RUBBER INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.12

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NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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AUSTEN INFRASTRUCTURES LTD. SPECIAL ECONOMICAL ZONE PHALIMAR, NANDIKURU VILLAGE PADUBIDRE POST, KAPU TALUK UDUPI DISTRICT-574 111 REPRESENTED BY ITS MANAGING DIRECTOR SRI NISCHITH B. SHETTY.

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SRI NISCHITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 48 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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…PETITIONERS

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(BY SRI MADHUKAR M. DESHPANDE, ADVOCATE)

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AND:

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SOUTH CANARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NO.113, MANGALORE-575 003 REPRESENTED BY ITS MANAGING DIRECTOR.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE DIVISION NEW SAYYOJI RAO ROAD MYSORE-570 024.

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SRI ADITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 41 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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…RESPONDENTS

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(BY SRI SIDHARTH, AGA FOR R.1; SRI A. MAHAMMED TAHIR, ADVOCATE FOR R.2.)

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4 - NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN JRM/DDS/72/2022-23 (ANNEXUREA) PENDING ON THE FILE OF THE RESPONDENT NO.2; IN THE ALTERNATE AND ISSUE DIRECTION TO THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION DATED 29.03.2023 IN JRM/DD3/72/2022-23 (ANNEXURE-F) AND DISPOSE THE SAME AND ETC.

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IN WP NO.12188 OF 2023:

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BETWEEN:

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M/S. BREMELS RUBBER INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.12 AUSTEN INFRASTRUCTURES LTD. SPECIAL ECONOMICAL ZONE PHALIMAR, NANDIKURU VILLAGE PADUBIDRE POST, KAPU TALUK UDUPI DISTRICT-574 111 REPRESENTED BY ITS MANAGING DIRECTOR SRI NISCHITH B. SHETTY.

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SRI NISCHITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 48 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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…PETITIONERS

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(BY SRI MADHUKAR M. DESHPANDE, ADVOCATE)

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AND:

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SOUTH CANARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NO.113, MANGALORE-575 003 REPRESENTED BY ITS MANAGING DIRECTOR.

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5 - NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE DIVISION NEW SAYYOJI RAO ROAD MYSORE-570 024.

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SRI ADITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 41 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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…RESPONDENTS

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(BY SRI A. MAHAMMED TAHIR, ADVOCATE FOR R.1; SRI SIDHARTH, AGA FOR R.2; SRI B.S. VENKATA NARAYANA, ADVOCATE FOR R.3.)

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IN WP NO.18310 OF 2023:

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BETWEEN:

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M/S. BREMELS RUBBER INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.12 AUSTEN INFRASTRUCTURES LTD. SPECIAL ECONOMICAL ZONE PHALIMAR, NANDIKURU VILLAGE PADUBIDRE POST, KAPU TALUK UDUPI DISTRICT-574 111 REPRESENTED BY ITS MANAGING DIRECTOR SRI NISCHITH B. SHETTY.

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6 - NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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SRI NISCHITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 48 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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SRI ADITH B. SHETTY S/O. BHASKAR SHETTY AGED ABOUT 41 YEARS R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVA NAGAR BENGALURU-560 080.

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…PETITIONERS

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(BY SRI MADHUKAR M. DESHPANDE, ADVOCATE)

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AND:

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION NEW SAYYOJI RAO ROAD MYSORE-570 024.

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SOUTH CANARA DISTRICT CO-OPERATIVE CENTRAL BANK LTD. NO.113, MANGALORE-575 003 REPRESENTED BY ITS MANAGING DIRECTOR REGISTERED UNDER SECTION 14A OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

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…RESPONDENTS

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(BY SRI SIDHARTH, AGA FOR R.1; SRI A. MAHAMMED TAHIR, ADVOCATE FOR R.2.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION QUASHING THE ORDER DATED 10.08.2023 PASSED BY THE RESPONDENT NO.1 IN NO.JRM/DDS/71/2022-23 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER NO.1 (ANNEXURE-Q) AND ETC.

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7 - NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present writ petitions pertain to Dispute Nos.JRM/DDS/71/2022-23 and JRM/DDS/72/2022-23

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pending on the file of Joint Registrar of Co-operative Societies, Mysuru. The petitioners are respondents in the said disputes. The petitioners sought for filing of additional statement of objections after cross-examination of the petitioners' witness and also have filed applications for production of documents and rejection of plaint. On the ground that the same have been sought to be filed with an intention to protract the proceedings, the Joint Registrar of Co-operative Societies, Mysuru has not permitted the same.

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However, learned counsel for the contesting respondents submits that they have no objection for allowing the prayers of the petitioners provided that the

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8 - NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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petitioners co-operate in early disposal of the case, for which, learned counsel for the petitioners submits that petitioners will co-operate for early disposal of the dispute and will not seek unnecessary adjournments or indulge in any practice that may delay the proceedings.

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For the aforementioned reasons, without going into the merits of the case, I pass the following:-

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ORDER

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i. The impugned order dated 10.08.2023 passed in Dispute Nos.JRM/DDS/71/202223 and JRM/DDS/72/2022-23 passed by the Joint Registrar of Co-operative Societies, Mysuru insofar as it relates to not considering the prayer of the petitioners herein to file additional statement of objections in the interlocutory applications are hereby set aside.

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ii. The Joint Registrar of Co-operative Societies, Mysuru is hereby directed to permit the petitioners herein to file additional written statement and also to consider the applications filed by the

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NC: 2023:KHC:37491 WP No. 18350 of 2023 C/W WP No. 12186 of 2023 WP No. 12188 of 2023 WP No. 18310 of 2023

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petitioners in accordance with law and pass appropriate orders and is also further directed to dispose of the dispute as expeditiously as possible.

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iii. Petitioners shall co-operate for early disposal of the dispute before the Joint Registrar of Co-operative Societies, Mysuru.

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iv. Writ petitions are accordingly disposed of .

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v. Pending I.A's if any, stands disposed of.

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vi. No order as to costs.

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Sd/JUDGE

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VMB

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List No.: 1 Sl No.: 14

M/S. Bremels Rubber Industries Pvt. Ltd., v. Joint Registrar of Co. Operative Societies

Case brief

What is this about?

What did the court decide?

M/S. Bremels Rubber Industries Pvt. Ltd., v. Joint Registrar of Co. Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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