The High Court of Karnataka dismissed a writ petition filed to quash an award and notice under the Karnataka Souharda Sahakari Act, 1997. The Court held that the alternative remedy of appeal was available and the petitioner had failed to comply with an interim stay order.
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:44460 WP No. 8189 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 8189 OF 2023 (CS-RES)
BETWEEN:
SMT. LEELAVATHAMMA ALIAS LEELAVATHY NAGARAJ, W/O. SRI. T. NAGARAJ, AGED 61 YEARS, RESIDING AT. SY NO. 38, RAJ ESTATE, KEERANAGERE, HAROHALLY VILLAGE, KANAKAPURA TALUK, RAMANAGAR DISTRICT - 562 112.
…PETITIONER
(BY SMT. KAVYA N. ADVOCATE FOR SMT. SANDHYA U PRABHU, ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:44460 WP No. 8189 of 2023
SAHAKARI NIGAMA, SOUHARDA SAHAKARI SOUDHA, 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE - 560 003.
…RESPONDENTS
(BY SRI. SIDDHARATH BABU RAO, AGA FOR R2, SRI. PREMKUMAR C.S, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE AWARD DATED 30.09.2022 PASSED BY R-2 IN DISPUTE NO.JRD/6907/2021-22 PRODUCED AT ANNX-D AND ITS CONSEQUENTIAL NOTICE DTD 07.02.2023 PRODUCED AT ANNX-C BEARING NO. SSCCL-HO/171/2022-23 IN RESPECT OF SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Writ Petition is filed seeking for the
following reliefs:
"Wherefore this Hon'ble court may be pleased to
A) Issue a writ of certiorari quashing the award dated 30/09/2022 passed by 2nd respondent in Dispute No.J.R.D/6907/2021-22 produced at Annexure-D and its consequential notice dated 07/02/2023 produced at Annexure-
NC: 2023:KHC:44460 WP No. 8189 of 2023
C bearing No. SSCCL- HO/171/2022-23 in respect of schedule property.
B) Grant any such further and other reliefs as this Hon'ble court may consider fit and proper in the facts and circumstances of the case; and"
had granted stay subject to the petitioner to depositing 50% of the amount within the time stipulated in the said order dated 12.04.2023. In the said order dated 12.04.2023 it is specifically ordered that if the condition is not complied within the time stipulated, the interim order
would automatically stand vacated. This Court vide order dated 28.11.2023, noticing that the interim order has stood vacated, adjourned the matter on the request made on behalf of the petitioner.
view of the fact that the petitioner has not complied with the interim order dated 12.04.2023, in the considered opinion of this Court the relief sought for in the present writ petition is not liable to be granted in exercise of its extraordinary discretionary jurisdiction contained Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed.
initiate such proceedings as available under law, for recovery of the amounts due and payable by the petitioner.
Sd/JUDGE
AT List No.: 1 Sl No.: 48
2 issues framed by the court
Whether a writ petition seeking to quash an arbitration award under Section 39 of the Karnataka Souharda Sahakari Act, 1997, should be entertained when an alternative efficacious remedy of appeal unde
Whether the petitioner's failure to comply with an interim order regarding deposit of costs precludes the exercise of writ jurisdiction under Article 226.
4 provisions across 2 enactments
Smt. Leelavathamma Alias Leelavathy Nagaraj
Shivashree Souhardha Credit Co-Operative Ltd.
Deputy Registrar of Co-Operative Societies
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
