Dismissed

Sri. Shamit D. Suvarna v. the State of Karnataka

Karnataka HC18 Nov 2023WP/7319/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging an execution order. The Court noted non-compliance with an interim stay order regarding a debt repayment schedule and directed salary-deducted amounts to the society, dismissing the writ petition.

What did the court decide?

Petition dismissed; Respondents 4 and 5 directed to transmit salary-deducted amounts to Respondent No. 3 society.

Sri. Shamit D. Suvarna Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:41417 WP No. 7319 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^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. 7319 OF 2023 (CS-RES)

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BETWEEN:

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SRI. SHAMIT D. SUVARNA S/O. DEVENDRA, AGED ABOUT 32 YEARS, R/AT NO. 1-117/1,DUGGI NIVASA, MINAKALIYA ROAD, PANAMBUR, BAIKAMPADY, MANGALURU-575 001, DAKSHINA KANNADA DISTRICT.

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…PETITIONER

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(BY SRI RAJASHEKAR S, ADVOCATE)

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, 1ST FLOOR, VIKASA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER MANGALURU SUB-DIVISION, MANGALURU, D.K. DISTRICT-575 003.

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MANGALA CREDIT CO OPERATIVE SANGHA (R) HEAD OFFICE: PLAMA CENTER, BIJAI, KAPIKAD ROAD, MANGALURU, D. K. DISTRICT 575003, REP. BY ITS CHIEF MANAGER, (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT, 1969)

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2 - NC: 2023:KHC:41417 WP No. 7319 of 2023

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LIFE INSURANCE CORPORATION OF INDIA REGIONAL OFFICE, THEERTHAHALLI, SHIVAMOGGA-577 432, REPRESENTED BY ITS REGIONAL MANAGER.

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LIFE INSURANCE CORPORATION OF INDIA REGIONAL OFFICE, ‘JEEVAN JYOTHI’, SOPPAGUDDE, THEERTHAHALLI, SHIVAMOGGA-577 432, REP. BY ITS BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI SIDDHARTH BABURAO, AGA FOR R1 & R2 SRI P VITTAL SHETTY, ADVOCATE FOR R3 SMT RASHMI PATEL, ADVOCATE FOR R4 & R5)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 23.02.2023 PASSED IN EXECUTION NO. 24/2018-19 BY THE R-2 VIDE ANNX-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

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The present writ petition is filed challenging the order

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dated 23.2.2023 passed in Execution Case No.24/201819.

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2. This Court vide order dated 5.4.2023 has

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granted interim stay and ordered as follows:

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“4. Submission of learned counsel for petitioner that the amount due and payable as on 23.2.2023 is Rs.44,81,413/-, due to inadvertence and financial stringency, the petitioner could not make payment of the same, given three weeks time the petitioner will deposit the amount equivalent to 15% i.e., on or before 26.4.2023 , within four weeks thereafter 20% of the above amount will be deposited i.e.,

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NC: 2023:KHC:41417 WP No. 7319 of 2023

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by 25.5.2023 and within six weeks thereafter the entire amount would be cleared i.e., by 28.6.2023.

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5. In view of the said submission, the operation of the order dated 23.2.2023 in Execution No.24/2018-19 passed by the respondent No.2 at Annexure-A is hereby stayed till the next date of hearing.

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6. To ascertain the payments re-list on 24.5.2023. It is made clear that, if any of the above amounts were not paid, the interim order above passed would automatically stand vacated and respondent No.3 would be entitled to attach and continue the proceedings at the cost of the petitioner.”

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It is submitted that the interim order dated

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5.4.2023 has not been complied with.

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Learned Counsel for respondent Nos.4 and 5

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submits that salary deduction for five months has been done from the salary of the petitioner.

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Despite the indulgence shown by this Court, the petitioner having failed to comply with the condition imposed in the order dated 5.4.2023, no ground is made out by the petitioner to invoke extraordinary discretionary jurisdiction by this Court contained under Article 226 of the Constitution of India. Hence, the writ petition is dismissed.

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NC: 2023:KHC:41417 WP No. 7319 of 2023

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Respondent Nos.4 and 5 shall transmit the

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amounts deducted from the salary of the petitioner to respondent No.3 – society.

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Sd/JUDGE

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ND List No.: 1 Sl No.: 46

Sri. Shamit D. Suvarna v. the State of Karnataka

Case brief

What is this about?

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Sri. Shamit D. Suvarna v. the State of Karnataka

Case brief

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