Dismissed

M/S Sri Dhanawantri Hospitals v. the Joint Registrar of Co. Operative

Karnataka HC17 Apr 2023WP/9951/2019

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition, finding the petitioner's conduct of first seeking deletion of respondents and later withdrawing the matter against their objection amounted to gross abuse of process, imposing a cost of Rs. 1,00,000/- and ordering refund of deposit after cost payment.

What did the court decide?

Petition dismissed; costs of Rs. 1,00,000 imposed; court deposit directed to be refunded after costs payment.

M/S Sri Dhanawantri Hospitals Vs the Joint Registrar… — Cooperative Societies | Karnataka HC (2023)

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WP No. 9951 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9951 OF 2019 (CS-RES)

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BETWEEN:

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M/S. SRI. DHANAWANTRI HOSPITALS, A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.25, ANDREE ROAD, SHANTHINAGAR, BANGALORE - 560 027.

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REPRESENTED BY ITS PARTNERS SRI. G SRINIVASAPPA, AGED ABOUT 56 YEARS, S/O LATE GURAPPA, & DR. YOGESH S, AGED ABOUT 40 YEARS, S/O L SAMPANGI.

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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…PETITIONER

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(BY SRI. P M NARAYANA SWAMY, ADVOCATE)

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AND:

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES UNDER RULE 441, KARNATAKA STATE URBAN BANKS FEDERATION, K H ROAD, BANGALORE - 27.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES UNDER RULE 441 & THE RECOVERY OFFICER, KARNATAKA STATE URBAN BANKS FEDERATION, K H ROAD,

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WP No. 9951 of 2019

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BANGALORE - 27.

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THE SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES UNDER RULE 441 & THE RECOVERY OFFICER KARNATAKA STATE URBAN BANKS FEDERATION, K H ROAD, BANGALORE - 27.

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THE CHIEF EXECUTIVE OFFICER , TUMKUR GRAIN MERCHANTS, CO-OPERATIVE BANK LTD, B H ROAD, TUMKUR - 572 101.

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D DASAPPA, SINCE DEAD BY HIS LEGAL HEIRS

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5(A). SMT. SAROJAMMA, D/O LATE DASAPPA, AGED ABOUT 60 YEARS.

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5(B). SRI. D RAVINDRANATH, S/O LATE DASAPPA, AGED ABOUT 58 YEARS.

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5(C). SRI. D VIJAYKUMAR, S/O LATE DASAPPA, AGED ABOUT 56 YEARS.

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5(D). SMT. INDRANI , D/O LATE DASAPPA, AGED ABOUT 54 YEARS.

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5(E). SMT MEENAKSHI, D/O LATE DASAPPA, AGED ABOUT 52 YEARS,

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ALL ARE RESIDING AT NO.421, 3RD CROSS, WILSON GARDEN, BANGALORE - 27.

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WP No. 9951 of 2019

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D. RAMACHANDRAPPA, S/O LATE H DASAPPA, SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS

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6(A). SMT. LAXMI DEVI, W/O LATE D RAMACHANDRAPPA, AGED ABOUT 65 YEARS.

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6(B). SRI. HARISHCHANDRA R, S/O LATE D RAMACHANDRAPPA, AGED ABOUT 45 YEARS,

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6(C). SMT. KAVITHA R , D/O LATE D RAMACHANDRAPPA, AGED ABOUT 44 YEARS.

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ALL ARE RESIDING AT NO.421, 3RD CROSS, WILSON GARDEN, BANGALORE - 560 027.

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SRI. D JAIRAJ , S/O LATE H DASAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.421, 3RD CROSS, WILSON GARDEN, BANGALORE - 560 027.

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SMT. INDRANI , D/O D DASAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.421 3RD CROSS, WILSON GARDEN BANGALORE - 560 027.

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SRI. D RAVINDRANATH, S/O D DASAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.421,

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3RD CROSS, WILSON GARDEN,

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WP No. 9951 of 2019

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BANGALORE - 560 027.

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SRI. D VIJAY KUMAR, S/O D DASAPPA, AGED ABOUT 54 YEARS, NO.421, 3RD CROSS, WILSON GARDEN, BANGALORE - 560 027.

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(VIDE ORDER DATED 01.03.2023 REPONDENTS NO.5 TO 10 DELETED)

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…RESPONDENTS

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(BY SRI. M V REVANASIDDAIAH, ADVOCATE FOR R3 AND R4; SRI. NAVEEN CHANDRASHEKAR ADVOCATE FOR R7; SRI. BEYEN STIENBERG, ADVOCATE FOR R6 (A) TO (C); R5 (A), (B) SERVED VIDE ORDER DATED 28.05.2019 SERVICE OF NOTICE TO R5(C) IS HELD SUFFICIENT; R8, R9, R10 SERVED)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER "TRANSFER CERTIFICATE" DATED 11.01.2019 PASSED BY THE R-2 UNDER SECTION 101(b) OF KARNATAKA STATE COOPERATIVE SOCIETIES ACT, 1959 AT ANNEXURE-A AND UNDER RULE 38A(5) OF THE KARNATAKA STATE CO-OPERATIVE SOCIETIES RULES, 1960, PERTAINING TO THE PROPERTY BEARING CORPORATION KHATHA NO.10 (OLD NO.4A), PID NO.70-9-10 MEASURING EARLIER 180 x 80 FEET AND PRESENTLY MEASURING 176.06x82.6 FEET TOGETHER WITH BUILDING BUILT THEREON SITUATED AT ANDREE ROAD, SHANTHI NAGAR, BANGALORE AND ETC.,

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THIS WP, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 9951 of 2019

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ORDER

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The counsel for the petitioner has filed a memo seeking for dismissal of the above writ petition as not pressed and for an order of refund of the amount deposited with this Court. On an earlier occasion, on the basis of the submission made that there was a compromise entered into and respondent Nos.6(a) to (c) and 7 had no objection to the said compromise, they were deleted from the array of parties.

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Subsequently, respondent Nos.6(a) to (c) and 7 objected for their deletion, saying that they had never consented to the compromise and that a wrong submission has been made before this Court. It is in that background that the petitioner was asked to explain, instead of explaining, a memo has been filed seeking for withdrawal of the above matter as not pressed and FOR refund of the deposit. I am of the considered opinion, the manner in which the proceedings have been conducted by the petitioner is a gross abuse of the process of this Court and therefore, costs would have to be imposed. As such, I pass the following:

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WP No. 9951 of 2019

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ORDER

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i. Accepting the memo, the petition is dismissed . The amount in deposit is directed to be refund to the petitioner subject to cost of Rs.1,00,000/- (Rupees One Lakh only) being paid to the Karnataka State Legal Services Authority. It is made clear that only after the costs are paid, the amount in deposit would be refunded to the petitioner.

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ii. The cost to be paid within a period of three weeks from today and the refund to be made within a period of two weeks thereafter.

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Sd/JUDGE

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GJM

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List No.: 1 Sl No.: 8

M/S Sri Dhanawantri Hospitals v. the Joint Registrar of Co. Operative

Case brief

What is this about?

What did the court decide?

M/S Sri Dhanawantri Hospitals v. the Joint Registrar of Co. Operative

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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