Shri. Arjun Gyanappa Dhavali Vs Mr. Jagadish S/O Shankar Kamkar

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1 - NC: 2025:KHC-D:9717 WP No. 100397 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF AUGUST 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.100397 OF 2025 (CS-RES)

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BETWEEN:

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SHRI. ARJUN GYANAPPA DHAVALI, AGED: 56 YRS., OCC. PRESIDENT OF THE RESPONDENT NO. 3 SOCIETY, R/O:: DEWANG MAIN ROAD, LAXMI NAGAR, VADAGAON, BELAGAVI – 590 005.

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…PETITIONER

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(BY SRI. ANAND KUMAR ASHTEKAR, SRI. AKSHAY KATTI & SRI VIJAY PATIL, ADVOCATES)

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AND:

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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MR. JAGADISH S/O. SHANKAR KAMKAR, AGED: MAJOR, OCC: CHARTERED ACCOUNTANT, R/O: H. NO.54/A, MALAPRABHA NAGAR, M/ VADAGAON, BELAGAVI – 590 005.

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SHRI. NAGAPPA S/O. KAREPPA ASLANNAVAR, AGED: MAJOR, OCC.: BUSINESSMAN, R/O:: H. NO. 132, HANAMANT DEVAR ONI, DINDALKOPPA, POST. KULAVALLI, TAL: KITTUR, DIST: BELAGAVI – 591 115.

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THE BELAGAVI INDUSTRIAL CO-OPERATIVE BANK LTD., REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, OFFICE AT: NO. 5, ‘UDAY’, DR. SPM ROAD, BELAGAVI – 590 001.

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2 - NC: 2025:KHC-D:9717 WP No. 100397 of 2025

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HC-KAR

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SHRI. SHANKARRAO VITHOBA HEGADE, AGED: MAJOR, OCC: VICE PRESIDENT, R/O:: NEAR CIVIL COURT, KWALLI COLONY, POST. SANKESHWAR, TAL: HUKKERI, DIST: BELAGAVI – 591 113.

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SHRI. NAMDEV S/O. MAHARUDDRAPPA DHAVALI, AGED: MAJOR, OCC: DIRECTOR, R/O:: SAPAR GALLI, M. VADAGAON, TAL & DIST: BELAGAVI – 590 005.

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SHRI. GURUSIDDAPPA S/O. SOMAPPA TIGADI, AGED: MAJOR, OCC: DIRECTOR, R/O:: GANESH PETH GALLI, M. VADAGON, TAL & DIST. BELAGAVI – 590 005.

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SHRI. SHRIDHAR SRIKANT SATAPUTE, AGED: MAJOR, OCC: DIRECTOR, R/O: 3^RD CROSS, BHARAT NAGAR, SHAHPUR, TAL & DIST. BELAGAVI – 590 003.

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SHRI. GYANABA G. VAGUKAR, AGED: MAJOR, OCC.: DIRECTOR, R/O:: II CROSS, DEWANG NAGAR, M. VADAGAON, TAL & DIST. BELAGAVI – 590 005.

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SHRI. SURESH S/O. KRISHNA DHOTRE, AGED: MAJOR, OCC.: DIRECTOR, R/O:: MARUTI GALLI, KHASBAG, TAL & DIST. BELAGAVI – 590 003.

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SHRI. ISHWAR CHANNAPPA GUMATI, AGED: MAJOR, OCC.: DIRECTOR, R/O:: GURUWAR PETH, KELAGINA PETE, TAL: GOKAK, DIST: BELAGAVI – 591 307.

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SHRI. VENKATESH NARAYAN SONTAKKI, AGED: MAJOR, OCC.: DIRECTOR, R/O:: 458, TEGGIN GALLI, VADAGAON, TAL & DIST. BELAGAVI – 590 005.

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3 - NC: 2025:KHC-D:9717 WP No. 100397 of 2025

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HC-KAR

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SHRI. BHIMASHI S/O. APPAJAPPA PATALI, AGED: MAJOR, OCC: DIRECTOR, R/O:: OLD BELAGAVI ROAD, LAXMI NAGAR, VADAGAON, DIST: BELAGAVI – 590 005.

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SHRI. YALLAPPA S. MORKAR, AGED: MAJOR, OCC: DIRECTOR, HALLIKERI GALLI, POST: SULEBHAVI, TAL & DIST. BELAGAVI – 591 103.

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SHRI. RAJESH JAYAWANT BUCHADE, AGED: MAJOR, OCC: DIRECTOR R/O:: PETH GALLI, M. VADAGAON, TAL & DIST: BELAGAVI – 590 005.

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SHRI. GANGARAM KESHAV DIWATE, AGED: MAJOR, OCC: DIRECTOR, BHUWANESHWARI GALLI, LAXMI NAGAR, TAL & DIST. BELAGAVI – 590 005.

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SHRI. SHRIKANT S. SONTAKKI, AGED: MAJOR, OCC.: DIRECTOR, R/O:: 2^ND CROSS, DEWANG NAGAR, M. VADAGAON,

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TAL & DIST. BELAGAVI – 590 005.

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SHRI. PRAKASH HANAMANT TALWAR, AGED: MAJOR, OCC: DIRECTOR, R/O:: NEAR LAXMI TEMPLE, POST. SULEBHAVI, TAL & DIST. BELAGAVI – 591 103.

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SMT. SUNITA KALLAPPA HOSMANI, AGED: MAJOR, OCC.: DIRECTOR, R/O:: KAILAS NAGAR, POST: SULEBHAVI, TAL & DIST. BELAGAVI – 591 103.

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SMT. CHINNA SUBHASH MALLOLLI, AGED: MAJOR, OCC: DIRECTOR, R/O:: HATTARAGI, TAL: HUKKERI, DIST: BELAGAVI – 591 243.

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4 - NC: 2025:KHC-D:9717 WP No. 100397 of 2025

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HC-KAR

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THE RETURNING OFFICER, THE BELAGAVI INDUSTRIAL CO-OPERATIVE SOCIETY, BELAGAVI, NEAR RAILWAY BRIDGE, BELAGAVI- 590 001.

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THE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO. A,9/10, DOLLARS COLONY, GOKUL ROAD, HUBBALLI – 580 030.

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THE BELGAVI INDUSTRIAL CO-OPERATIVE BANK LTD., REPRESENTED BY THE ADMINISTRATOR SHRI. SAMEER MIRAJAKR, AGED: YEARS, SUPERINTENDENT, OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI. …RESPONDENTS (BY SRI. N. RAVINDRANATHKAMATH, SENIOR COUNSEL FOR SRI. BRIJESH KALAPPA, SRI SHIVAPRASAD S. JOSHI, ADVOCATES FOR R1 & R2; SRI. PRUTHVI K.S., ADVOCATE FOR R3; SRI. DINESH M. KULKARNI, ADVOCATE FOR R5, R6, R11 TO R17; SRI G.V.BHARAMAGOUDAR, ADVOCATE FOR R20; SRI. RAMESH B. CHIGARI, AGA FOR R21; SRI YASH R. NADAKARNI, ADVOCATE FOR R22; R4, R7, R9, R10, R18 AND R19 - SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 16-12-2024 PASSED BY KARNATAKA APPELLATE TRIBUNAL, BENGALURU, IN REVISION PETITION NO. 68/2024, PRODUCED AT ANNEXURE-L AND ETC.,

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THIS WRIT PETITION, COMING ON FOR HEARING ON IA THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:9717 WP No. 100397 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following

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reliefs:

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i. Issue a Writ in the nature of certiorari or any other appropriate writ, order or direction and quash the order dated 16-12-2024 passed by Karnataka Appellate Tribunal, Bengaluru, in Revision Petition No. 68/2024, produced at Annexure-L and;

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ii. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity.

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570 members of respondent No.3-Bank including respondents No.1 and 2 were expelled from the membership of respondent No.3 on 22.09.2024. The same came to be challenged by respondents No.1 and 2 herein before the ARCS in Dispute No.878/2024-25, wherein an ex parte order of stay was granted on 12.11.2024. The petitioner and certain others who are respondents therein having entered appearance, after hearing the matter, on 2.12.2024 the ARCS vacated the interim order of stay which came to be challenged by respondents No.1 and 2 before the Karnataka Appellate Tribunal [KAT] in Revision Petition No.68/2024 when the KAT granted a stay as regards the order dated 2.12.2024 vacating the interim order granted in Dispute No.878/2024-25. It is challenging the said order of stay that the petitioner had approached this Court in the present petition.

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NC: 2025:KHC-D:9717 WP No. 100397 of 2025

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HC-KAR

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This Court vide order dated 30.01.2025 had stayed the order of the KAT; thereby, the order of vacating stay by the ARCS got revived. Respondents No.1 and 2, who were petitioners No.298 and 299, along with 329 persons, had filed W.P. No.107753/2024 when this Court permitted them to vote at the elections, with their votes cast to be held in a separate ballot box.

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This Court, vide today’s order, had directed votes cast by respondents No.1 and 2 and others who are petitioners in W.P. No.107753/2024 to be counted and results announced. In that view of the matter, a dispute which had been raised by respondents No.1 and 2 before the ARCS had been rendered academic, they being allowed to vote and their votes directed to be counted and results announced.

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If at all the petitioner or anyone else is aggrieved by the respondents No.1 and 2 having been permitted to vote, the petitioner would be at liberty to raise a dispute under Section 70 of the Karnataka Cooperative Societies Act, 1959.

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With the above observation, the petition stands disposed of.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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LN/CT-ASC/List No.: 1 Sl No.: 85

Shri. Arjun Gyanappa Dhavali v. Mr. Jagadish S/O Shankar Kamkar

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Shri. Arjun Gyanappa Dhavali v. Mr. Jagadish S/O Shankar Kamkar

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