Dismissed

Sri. a Thiruneelakantaswamy @ neelakanta v. the Registrar

Karnataka HC20 Nov 2023WP/6456/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition challenging the Tribunal's rejection of a waiver application for the 25% pre-deposit required for filing an appeal under Section 46 of the Karnataka Souharda Sahakari Act, finding no statutory provision allowing such discretion.

What did the court decide?

Petitioner's prayer for waiver of pre-deposit in appeal under Section 46 of the Act dismissed; writ petition dismissed.

Sri. a Thiruneelakantaswamy @ neelakanta Vs the… — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:41665 WP No. 6456 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 6456 OF 2021 (CS-RES)

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BETWEEN:

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SRI. A THIRUNEELAKANTASWAMY @ NEELAKANTA S/O K N ADAVEESHARARADYA, AGED ABOUT 49 YEARS, EEHANUR, KASABA KODIHALLI TIPTUR TALUK TUMKUR – 572 201.

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… PETITIONER

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(BY SMT. SANDHYA U PRABHU., ADVOCATE)

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AND:

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THE REGISTRAR, KARNATAKA APPELLATE TRIBUNAL, Digitally signed by BHARATHI S M S BUILDING, Location: HIGH BANGALORE-560 001. COURT OF KARNATAKA

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES NO.441, KARNATAKA RAJYA SOUHARDHA SAMYUKTA SAHAKARI NIYAMITHA, NO.62, 2ND FLOOR, MARGOSA ROAD, 3RD MAIN, 18TH CROSS, PIPELINE ROAD,

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NC: 2023:KHC:41665 WP No. 6456 of 2021

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MALLESHWARAM,

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BANGALORE-560 055

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THE AUTHORISED OFFICER SRI MAHAGANAPATHI SOUHARDYA SAHAKARI NI

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NO.38/2, SHREE RAMA KRUPA, N A T ROAD, BASAVANAGUDI,

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BANGALORE-560 004

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SRI ADAVISHARADHYA

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NO.27/8, BASAPPA LAYOUT, HANUMANTHANAGAR, BANGALORE-560 019

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SMT DIVYASRI T NO.27/8, BASAPPA LAYOUT, HANUMANTHANAGARA,

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BANGALORE-560 019

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… RESPONDENTS

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(BY SRI. SIDHARTH BABURAO, AGA FOR R1 & R2; V/O DATED 30.10.2023, PETITION DISMISSED AGAINST R3 TO R5)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.27.5.2020 PASSED BY KARNATAKA APPELLATE TRIBUNAL AT BANGALORE (CH-6) IN CO.APPL NO.38/2020 VIDE ANNEXURE-G IN I.A.NO.III/2020 AND ETC.

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THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:41665 WP No. 6456 of 2021

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ORDER

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The present petition is filed challenging the order dated 27.5.2020 passed by the Karnataka Appellate Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’) on IA.No.3/2020 in Cooperative Appeal No.38/2020 .

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The relevant facts necessary for consideration of the present petition are that the petitioner having borrowed amounts from the third respondent – society and having failed to repay the same, the third respondent – society initiated proceedings under Section 39 of the Karnataka Souharda Sahakari Act, 1997 (hereinafter referred to as ‘the Act’), which was allowed vide order dated 21.1.2019 and the petitioner as well as respondent Nos.4 and 5, who were arrayed as respondents in the said proceedings were ordered to pay a sum of `85,41,664/- together with interest and costs.

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Being aggrieved, the petitioner preferred an appeal

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under Section 46 of the Act before the Tribunal. In the said appeal, the petitioner has filed an application under Section 151 of the Code of Civil Procedure, 1908, to waive the pre-deposit as contemplated under Section 46 of the Act. The Tribunal by

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NC: 2023:KHC:41665 WP No. 6456 of 2021

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its order dated 27.5.2020 dismissed the said application. Being

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aggrieved, the present writ petition is filed.

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The proviso to Section 46 of the Act stipulates as

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follows:

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46. Appeal. – xxxx

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Provided that no appeal against an order, decision or award for payment of money shall be considered by the Appellate Authority unless it is accompanied by satisfactory proof for having deposited with the concerned co-operative twentyfive per cent of the amount due in terms of the order, decision or award. After the disposal of the appeal, the amount so deposited shall be adjusted towards the amount of payable by the appellant and in case no amount is required to be paid by the appellant, the amount so deposited shall be refunded to him by the co-operative.

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It is clear from a reading of the said proviso that the same does not enable claiming of the appellant to seek for waiver of the requirement to deposit 25% of the amount due.

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The petitioner has not pointed out to any specific provision under which waiver of pre-deposit can be claimed under the provisions of the Act. In view of the same, the relief sought for by the petitioner in the present petition cannot be granted by this Court in exercise of its extraordinary

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NC: 2023:KHC:41665 WP No. 6456 of 2021

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discretionary jurisdiction contained under Articles 226 and 227 of the Constitution of India.

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In view of the aforementioned, the writ petition is

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dismissed.

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Sd/JUDGE

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ND List No.: 1 Sl No.: 56

Sri. a Thiruneelakantaswamy @ neelakanta v. the Registrar

Case brief

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Sri. a Thiruneelakantaswamy @ neelakanta v. the Registrar

Case brief

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