Petitioners challenged a judgment dismissing their appeal regarding recovery of financial assistance from a cooperative bank. They sought to quash a notice for auction of mortgaged property. The Court found the writ petition lacked merit and dismissed it.
Writ petition dismissed as devoid of merit.
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 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 4208 OF 2019 (CS-RES)
BETWEEN:
BOTH ARE R/AT NO.20/25, 2ND CROSS, A.R.LAYOUT, HOSKOTE-562114 BANGALORE RURAL DISTRICT, BANGALORE
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI MURALI B S, ADVOCATE)
AND:
…PETITIONERS
…RESPONDENTS
(BY SRI SIDHARTH BABURAO, AGA FOR R1 & R3 SRI N RAMACHANDRA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DTD 28.03.2018 IN APPEAL NO.271/2014 VIDE ANNX-E PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed seeking for the following
reliefs:
“a) Issue a Writ of Certiorari, by setting aside the impugned judgment dated 28.3.2018 in Appeal No.271/2014, vide Annexure-E passed by the Karnataka Appellate Tribunal, Bangalore;
b) Issue a Writ of Certiorari, quashing the impugned notice in Form No.9 under Rule 38(2)(d) dated 3.1.2019 issued by the 3rd respondent vide Annexure-F;
c) Consequently, Allow the Appeal No.271/2014 on the file of the Karnataka Appellate Tribunal, Bangalore as prayed for:
d) Pass such other order or direction as deemed fit and proper in the circumstances of the case and allow this appeal with cost, in the interest of justice and equity.”
NC: 2023:KHC:42818 WP No. 4208 of 2019
7,72,788/- together with interest and costs. Being aggrieved, the petitioners preferred Appeal No.271/2014 before the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as ‘the Tribunal’). It is forthcoming from the record that during the pendency of the proceedings, the petitioners have paid a sum of 2,76,376.75 to the second respondent. The Tribunal, by its judgment dated 28.3.2018 dismissed the appeal. Being aggrieved, the present writ petition is filed.the Tribunal, the third respondent issued a demand notice
NC: 2023:KHC:42818 WP No. 4208 of 2019
dated 3.1.2019 notifying the petitioners to pay a sum of 12,39,760/- together with interest and other charges, failing which the property would be auctioned on 14.2.2019. This Court, vide order dated 1.2.2019 granted interim stay of the demand notice dated 3.1.2019 subject to the petitioners depositing a sum of 5.00 lakhs with the second respondent within three weeks.
moneys upon failure of the petitioners to repay the same. In the appeal filed by the petitioners, although the said appeal was filed after a delay of 943 days, the said delay was condoned and in its judgment, the Tribunal after reappreciating the entire factual aspect of the matter and having noticed the case of the parties, dismissed the appeal filed by the petitioners.
respondent are in any manner erroneous and is required to be interfered with by this Court in exercise of its equitable discretionary jurisdiction contained under Articles 226 and 227 of the Constitution of India.
dismissed as being devoid of merit.
Sd/JUDGE
nd List No.: 1 Sl No.: 2
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's dismissal of the appeal filed by the borrowers despite the delay in filing.
Whether the writ petition challenging the Tribunal's judgment and the recovery notice should be allowed in the interest of equity.
2 provisions across 2 enactments
MR SYED PACHA SAB S/O KAREEM SAB
MR ASLAM PASHA
THE JOINT REGISTRAR OF CO-OP. SOCIETIES
THE MANAGER THE TOWN CO-OP BANK LTD.
THE ASSISTANT REGISTRAR OF CO- OP SOCIETIES
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court