Writ petition challenging an award of the Joint Registrar of Co-operative Societies and the auction proceedings thereunder. Court noted alternative remedy available. Dismissed writ.
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 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 4715 OF 2021 (CS-RES)
BETWEEN:
…PETITIONER
(BY SRI JAGADEESH M, ADVOCATE)
AND:
BENGALURU-560018
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI SIDDHARTHA BABURAO, AGA FOR R1 SRI DAYANAND S PATIL, ADVOCATE FOR R3 R2 SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DTD 27.04.2018 AGAINST THE PETITIONER, PASSED IN DISPUTE NO.64/2014-15 ON THE FILE OF THE JOINT REGISTRAR OF
NC: 2023:KHC:40370 WP No. 4715 of 2021
COOPERATIVE SOCIETIES, SHIMOGA DISTRICT, SHIMOGA, ISSUED BY THE R-1 VIDE ANNX-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1st relief sought for in the writ petition is not liable to be granted since the same is for setting aside the award dated 27.04.2018 passed by Respondent No.1 in respect of which remedy by way of an appeal is available under Section 105 of the Karnataka Co-operative Societies Act, 1959.
NC: 2023:KHC:40370 WP No. 4715 of 2021
alternative efficacious remedy is available to the Petitioner to
challenge the said ward dated 27.04.2018.
dismissed.
SD/JUDGE
BS
List No.: 1 Sl No.: 44
3 issues framed by the court
Whether an alternative efficacious remedy by way of appeal is available to challenge an award passed under the Karnataka Co-operative Societies Act, 1959.
Whether the writ petition for quashing the impugned award is liable to be allowed in the presence of an alternative remedy.
Whether the auction for discharge of the award was conducted as per the notice issued.
2 provisions across 2 enactments
SRI. B. M. THONTADARYA
THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES CHAMARAJET
THE RECOVERY OFFICER SHIMOGA DISTRICT CO-OPERATIVE BANK LIMITED
THE MANAGING DIRECTOR SHIMOGA DISTRICT CO-OPERATIVE BANK LIMITED
CM POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
