A writ petition concerning co-operative society recovery matters was dismissed for non-prosecution: the petitioner's counsel was absent when called and office objections were not complied with despite repeated opportunities over about a year.
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NC: 2024:KHC-D:12614 WP No. 107201 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107201 OF 2023 (CS-DAS)
BETWEEN:
ACHYUTHA J. S/O J.BALASUBRAMANYAM, AGED ABOUT 36 YEARS, R/O: PLOT NO.4, “SHRAVANA NIVASA”, 1ST CROSS, AGADI MARAPPA COMPOUND, BELLARI-583 101.
…PETITIONER
(BY SRI. G.A.ANTHONY CRUZE AND SRI. GANGADHARAIAH.G., ADVOCATES [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC-D:12614 WP No. 107201 of 2023
KARNATAKA STATE CO-OP. URBAN BANKS FEDERATION, REGIONAL OFFICE, HUBBALLI, DOLLORS COLONY, HUBBALLI.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the matter is called, the petitioner is not represented. When the matter is listed and is called out, the advocate must be present. The absence may affect the case.
As could be seen from the daily order sheet, the petition was listed on 23.01.2024, on that day, two weeks time was granted to comply with the office objections. Despite granting time, office objections are not complied with.
The petition is listed today for orders regarding noncompliance of office objections. A perusal of the entire order sheet reveals that despite giving sufficient opportunities, the office objections are not complied with. Furthermore, the petition is filed in the year 2023. Now we are in the month of August 2024. The petition is pending for almost one year. As already noted above, when the matter is called, the petitioner is not represented. It appears that the petitioner is not diligent in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution and also for non-compliance of office objections.
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 1 Sl No.: 27
1 provisions across 1 enactments
Achyutha J.
The Karnataka Appellate Tribunal, by its Registrar
The Registrar of Co-operative Societies in Karnataka
The Recovery Officer under Rule 441 and the Joint Registrar Co-operative Societies, Karnataka State Co-operative Urban Banks Federation
The Deputy Registrar of Co-operative Societies
The Recovery Officer (U/R 441) and Assistant Registrar of Co-op. Societies, Karnataka State Co-op. Urban Banks Federation
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
