Dismissed

Smt Alima Fouzia v. the Joint / Additional Registrar of Co. Operative Societies (441)

Karnataka HC17 Dec 2024WP/34226/2024

Case brief

AI extract

What is this about?

Challenge to the Karnataka Appellate Tribunal's refusal to dispense with the statutory pre-deposit of 25% of an award in a co-operative bank appeal. The court held a balance remained payable after prior payments and dismissed the petition with liberty to deposit 25% of Rs.33,10,640.

What did the court decide?

None granted; liberty reserved to approach the Appellate Tribunal offering deposit of 25% of Rs.33,10,640.

Smt Alima Fouzia Vs the Joint / Additional Registrar… — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC:53159 WP No. 34226 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34226 OF 2024 (CS-RES)

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BETWEEN:

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SMT ALIMA FOUZIA W/O. SRI ABDUL RAFIK IFTHIKAR AHMED AGED ABOUT 42 YEARS, R/AT BAITHULA KHATIJA, VIDHYANAGARA, KULAI, MANGALORE, DK-575019. REP BY ITS SPECIAL POWER OF ATTORNEY/HOLDER SRI. UMMER FAROOQ S/O LATE SRI. ABDUL HAMEED, AGED ABOUT 45 YRS. R/AT NO. 4-127, LITTLE STAR HOUSE, OMBATTHU DANDIGE ROAD, KUNDAPUR, UDUPI DISTRICT-576201.

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…PETITIONER

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(BY SRI. SACHIN B S., ADVOCATE)

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AND:

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Digitally signed 1. THE JOINT / ADDITIONAL REGISTRAR by SHWETHA RAGHAVENDRA OF CO OPERATIVE SOCIETIES (441) Location: HIGH AND KARNATAKA STATE URBAN BANK TRIBUNAL COURT OF COUNCILLOR LTD. KARNATAKA NO. 132, K H ROAD, BENGALURU-560027.

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THE MANGALURU CATHOLIC CO-OPERATIVE BANK, HAMPANAKATTE, MANGALURU -575001 BY ITS AUTHORISED PERSON/MANAGER TO REGISTER UNDER THE CO-OPERATIVE SOCIETIES ACT, 1956

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M/S. STANDARD MARK, BY ITS PROPRIETOR/AUTHORISED PERSON

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NC: 2024:KHC:53159 WP No. 34226 of 2024

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SMT. ASIRIN COMMERCIAL COMPLEX FFF 3, GOLDEN STORE, 1ST FLOOR, MAIDHAN, 3^RD CROSS, MANGALORE 575001

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SRI MOHIDDIN PARVEZ S/O. ABDUL HAMEED, D/O. NO. 127/4, OMBATTU DANDIGE, NEAR CHIKKAMMA TEMPLE, KUNDAPURA, UDUPI DISTRICT-576201.

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…RESPONDENTS

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(BY SRI. YOGESH D.NAIK., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 25.11.2024 ON I.A.NO.2 IN APPEAL NO. 154 OF 2024 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, AS PER ANNX-A AND CONSEQUENTLY ALLOW I.A.NO.2 AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY MARKED AS ANNX-P1 AND ETC.

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THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Learned AGA accepts notice for respondent No.1.

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Notice to respondent No.2 is dispensed with in view of the proposed order to be passed.

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The petitioner is before this Court seeking for the following reliefs:

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Quash the impugned order dated 25.11.2024 on I.A.No.2 in Appeal No. 154 of 2024, passed by the Karnataka Appellate Tribunal, as per Annexure-A and consequently allow I.A.No.2 as prayed for in

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3 - NC: 2024:KHC:53159 WP No. 34226 of 2024

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the interest of justice and equity marked as Annexure-P1.

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The petitioner is aggrieved by the rejection made by the Karnataka Appellate Tribunal vide its order dated 25.11.2024 of the request of the petitioner to dispense with depositing 25% of the award amount.

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By way of award dated 22.04.2024, an award had been passed against the petitioner and two others directing them to jointly and severally make payment of a sum of Rs.38,18,176/- along with interest @ 11.5%. In the meantime, an appeal had been filed. The petitioner taking into consideration the interest liable to be payable on the principal amount of Rs.25,52,222/- had contended that the interest is Rs.7,92,464/-, totally amounting to Rs.46,10,640/-.

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The petitioner contended before KAT that when proceedings were undertaken by the Bank under the SARFAESI Act, the petitioner had made payment of a sum of Rs.13,00,000/-; the said amount being more

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4 - NC: 2024:KHC:53159 WP No. 34226 of 2024

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than 25% of the award amount along with interest, there was no need for the petitioner to deposit the statutory deposit in terms of Section 105 of the Karnataka Co-operative Societies Act of 25% thereof amounting to Rs.3,84,220/-.

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Having heard the learned counsel for the petitioner, it is clearly seen that what has been awarded is a sum of Rs.38,18,176/- and as on the date on which the appeal was filed, the amount due was Rs.46,10,640/-. Even if the aforesaid amount of Rs.13,00,000/- has been paid and not deducted from the due amounts, that leaves a balance of Rs.33,10,640/- to be paid which is under challenge before the Karnataka Appellate Tribunal. If that be so, it is for the petitioner to make payment of 25% of the said amount in terms of 105 of the Act subject to any defence raised or calculation being disputed by the respondent as regards the said amount of Rs.13,00,000/- being paid or not.

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NC: 2024:KHC:53159 WP No. 34226 of 2024

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In that view of the matter, the petition is dismissed reserving liberty to the petitioner to once again approach the Karnataka Appellate Tribunal offering to deposit 25% of Rs.33,10,640/- which if deposited to be considered by the Karnataka Appellate Tribunal and matter be proceeded with subject to the above observations.

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SD/(SURAJ GOVINDARAJ) JUDGE

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List No.: 1 Sl No.: 44

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PRS

Smt Alima Fouzia v. the Joint / Additional Registrar of Co. Operative Societies (441)

Case brief

What is this about?

What did the court decide?

Smt Alima Fouzia v. the Joint / Additional Registrar of Co. Operative Societies (441)

Case brief

What is this about?

What did the court decide?

What the court decided

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