Writ petition dismissed as petitioner has filed an appeal before the Karnataka Appellate Tribunal, rendering this court's interference unnecessary under the specified Act.
No relief granted as the writ petition was dismissed.
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.
NC: 2023:KHC:41416 WP No. 561 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 561 OF 2022 (CS-RES)
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI H R VISHWANATH, ADVOCATE)
AND:
NC: 2023:KHC:41416 WP No. 561 of 2022
NO.107, PIPELINE ROAD T.DASARAHALLI BENGALURU-560 057 REPT. BY ITS CHIEF EXECUTIVE OFFICER
…RESPONDENTS
(BY SRI SIDDHARTH BABURAO, ADVOCATE FOR R1 SRI CHETHAN M, ADVOCATE FOR SRI B V MALLA REDDY, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO GIVE 6 MONTHS TIME TO COMPLY THE AWARD DTD.12.10.2021 PASSED BY THE R-1 ANENXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition is filed seeking for a writ of mandamus to the respondents to give six months time to comply with the award dated 12.10.2021 passed in dispute No.DRD/Ka.Ra.Sou.Sam.Sa.Ni/156/2021-22.
the petitioner has been ordered to pay a sum of `39,23,478/together with interest at 18% pa. The writ petition has been filed on 6.1.2022. The period of six months as sought for in the writ petition has already expired.
NC: 2023:KHC:41416 WP No. 561 of 2022
fact that the petitioner has already availed of the remedy of appeal as provided under the Karnataka Co-operative Societies
Act, 1959, the present writ petition is dismissed.
Sd/JUDGE
ND List No.: 1 Sl No.: 33
2 issues framed by the court
Whether a writ of mandamus lies when the remedy of appeal under the Karnataka Co-operative Societies Act, 1959 is available.
Whether the High Court should intervene under Articles 226 and 227 of the Constitution of India in matters exhausted by appellate remedies.
SMT PRATHIBHA B S
SRI SHIVAKUMAR K.R
DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY(R.441) KARNATAKA STATE SOUHARDA SAMYUKTHA SAHAKARI NI
SRI YASHASWINI SOUHARDA CREDIT COOPERATIVE LTD
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
