Dismissed

Shri.Udaykumar S/O Manjappa Shet v. the Assistant Registrar of

Karnataka HC11 Sept 2024WP/107023/2019

Case brief

AI extract

What is this about?

This is a preliminary hearing order in a writ petition seeking to quash recovery notices. The Court found the petitioner was non-suited due to partial failure to comply with an earlier interim order regarding payment of award amounts. Consequently, the petition was dismissed.

What did the court decide?

Writ Petition dismissed as petitioner was declared non-suited due to failure to comply with interim orders.

Shri.Udaykumar S/O Manjappa Shet Vs the Assistant… — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC-D:12993 WP No. 107023 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107023 OF 2019 (CS-DAS)

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BETWEEN:

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SHRI. UDAYKUMAR S/O MANJAPPA SHET, AGE: 45 YEARS, OCC: BUSINESS, R/O: CTS NO.107, H.NO.498/1, PLOT NO.06, NAZAR CAMP, V CROSS, VADGAON, BELAGAVI-590 001.

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…PETITIONER

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(BY SRI. SHIVARAJ.S.BALLOLI., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CUM-RECOVERY OFFICER, BELAGAVI SUB-DIVISION, SAHAKAR ADALITA BHAVAN, JAKKERI HONDA, NEAR RAILWAY OVER BRIDGE, BELAGAVI-590 001.

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DAIVAJNYA CO-OPERATIVE BANK LIMITED, MANDOLI ROAD, NEAR 1^ST RAILWAY GATE, SHIVAJI COLONY, TILAKWADI, BELAGAVI-590 006, REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS (BY SMT. KIRTILATA.R.PATIL., HCGP FOR R1; SRI. D.RAVIKUMAR GOKAKAKAR., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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2 - NC: 2024:KHC-D:12993 WP No. 107023 of 2019

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Shivaraj Balloli., counsel for the petitioner and Sri.Shivaprabhu S.Hiremath., AGA for respondent No.1 have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the notices in Forms No.8 and 9 dated 01.02.2019 in C.E.P.No.38/2017-18 issued by the first respondent vide Annexures-B and C.

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This Court vide order dated 19.03.2019 granted interim protection to the petitioner subject to petitioner crediting to the second respondent - Society 20% of the award amount within one week and another 20% of the award amount within next one week. This Court also warned the petitioner that if he fails to comply with the order, he is likely to be non-suited on that ground itself.

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Counsel Sri.Shivaraj Balloli., in presenting his arguments submits that the petitioner has not fully complied with the interim order granted by this Court.

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NC: 2024:KHC-D:12993 WP No. 107023 of 2019

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The oral submission made by counsel for the petitioner is

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placed on record.

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Because of the partial compliance of the interim order, the petitioner is non-suited. Accordingly, the Writ Petition is

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dismissed.

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Sd/(JYOTI MULIMANI) JUDGE

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TKN LIST NO.: 1 SL NO.: 19

Shri.Udaykumar S/O Manjappa Shet v. the Assistant Registrar of

Case brief

What is this about?

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Shri.Udaykumar S/O Manjappa Shet v. the Assistant Registrar of

Case brief

What is this about?

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