The High Court of Karnataka held that an award passed by a cooperative arbitration court is challengeable via statutory appeal. An alternative and efficacious remedy exists. Consequently, the writ petition filed under Article 226 to quash the award 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO.7574 OF 2023 (CS-RES)
BETWEEN:
SMT KAVYA SHREE, W/O SRI PARTHA, AGED ABOUT 34 YEARS, R/AT NO 10, 19TH CROSS, VINAYAKA LAYOUT KANSHIRAM NAGAR, VIDYARANYAPURA, BANGALORE - 560 097.
…PETITIONER
(BY SRI. R CHIDANANDA MURTHY., ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:45821 WP No. 7574 of 2023
REGISTERED UNDER SOCIETIES REGISTRATION ACT.
…RESPONDENTS
(BY SRI.SIDDHARATH BABU RAO., AGA FOR R1; SRI.THUSHANATH C V., ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25.01.2021 ON AWARD PASSED BY THE FIRST RESPONDENT IN DISPUTE NO DRD KA RA SOU.SUM.SA.NI/264/2020-21 DATED ON 25.01.2021 VIDE ANNEXURE-Q AND GRANT SUCH OTHER AND FUTURE RELIEFS AS ARE JUST IS VERY MUCH IMPERATIVE IN THE INTEREST OF JUSTICE AND EQUITY, ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This present writ petition is filed challenging the award dated 25.01.2021 passed by the first respondent in dispute No.DRDka.Ra.Sou.Sum.Sa.Ni/264/2020-2021 on 25.01.2021.
NC: 2023:KHC:45821 WP No. 7574 of 2023
alternative and efficacious remedy to the petitioner to challenge the award dated 25.01.2023.
sought for in the present writ petition is not liable to be granted by this Court in exercise of its extraordinary discretionary jurisdiction contained Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. Observing that, if the petitioner files an appeal, the same shall be considered in accordance with law.
SD/JUDGE
ASN
List No.: 1 Sl No.: 50
2 issues framed by the court
Whether the petitioner have an effective alternative remedy to challenge the arbitral award.
Whether the writ petition under Article 226 of the Constitution should be dismissed due to existence of statutory appeal.
4 provisions across 2 enactments
Smt Kavya Shree
The Deputy Registrar of Co Operative, Society Arbitration Court, Karnataka State Souharda Fedreal, Co Operative Ltd
Jana Priya Souharda Multipurpose, Co Operative Ltd
Chief Executive Officer Jana Priya Souharda Multipurpose, Co Operative Ltd
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
