Shri Ravindra Dattaray Bhat vs Adarsha Seva Sahakari Sangha Ltd
2022 Latest Caselaw 1143 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

        DATED THIS THE 25TH DAY OF JANUARY 2022

                         BEFORE

       THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD

          WRIT PETITION NO.100311/2022 (GM-CPC)

BETWEEN

1.    SHRI. RAVINDRA DATTARAY BHAT
      AGE: 45 YEARS, OCC: AGRICULTURE
      O AMBGAON POST VAJRIHALLI
      TQ: YALLAPUR, DIST: KARWAR(U.K).

2.    SHRI. DATTARY, S/O GANESH BHAT
      AGE: 65 YEARS, OCC: RETD. TEACHER
      O AMBGAON POST VAJRIHALLI
      TQ: YALLAPUR, DIST: KARWAR(U.K).
                                          ...PETITIONERS
(BY SRI. UMESH C. AINAPUR, ADVOCATE)

AND

ADARSHA SEVA SHAKARI SANGHA LTD.
VAJRALLI, REPTD. BY ITS CHIEF EXECUTIVE
SHRI. G.V.BHAT.
                                          ... RESPONDENT

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 27/08/2021, PASSED BY THE
SENIOR CIVIL JUDGE AND PRL. JMFC COURT YALLAPUR,
UTTARA KANNADA DISTRICT, IN EXECUTION CASE NO.56/2019
AS ANNEXURE-H FOR ARREST WARRANT AGAINST JUDGMENT
DEBTOR NO.1 AND 2 / PETITIONER NO.1 AND 2.
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     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The petitioners have impugned the order dated

27.08.2021 in E.P. No.56/2019 on the file of the Civil Judge

and JMFC Court, Yellapur, Uttara Kannada (for short, 'the

Executing Court'). The Executing Court, which had issued

arrest warrant for the petitioners' detention in civil prison,

has directed the release of the petitioners on their arrest and

their production on the condition that they shall deposit a

sum of Rs.5,000/- and calling upon the petitioners to deposit

the balance amount in terms of the award dated 02.03.2018.

2. Sri.Umesh C. Ainapur, the learned counsel for the

petitioners, submits that the petitioners have only borrowed a

sum of the Rs.2,40,000/- as agricultural goods loan and the

award dated 02.03.2018 is drawn calling upon the petitioners

to pay the aforesaid amount along with the interest. This

would be contrary to the circulars issued by the Government

waiving interest on agricultural goods. The petitioners

because of the prevailing pandemic have not availed any

remedy against the award dated 02.03.2018. The petitioners

cannot be saddled with the responsibility to pay interest with

the waiver of the loan and the interest thereon.

3. If the petitioners are aggrieved by the award dated

02.03.2018, an award under Section 70 of Karnataka Co-

operative Societies Act, 1959, the petitioners must necessarily

avail remedy against such award as is permissible in law, and

without availing such remedy and they cannot make a

grievance with the initiation of the execution proceedings as a

consequence of default. Therefore, this Court is of the

considered view that the petition must be disposed of with

liberty to the petitioners to avail such remedy subject to all

exceptions in law, however, to serve the interests of justice,

the Executing Court must be called upon to defer coercive

measures against the petitioners for a period of four weeks so

that the petitioners could avail such remedy.

Hence, the petition stands disposed of with liberty

to the petitioners as aforesaid subject to all just

exceptions in law and calling upon the Executing Court

to defer coercive measures for a period of six weeks from

today.

Sd/-

JUDGE RH