Indus Security Service And ... vs The Managing Director
2022 Latest Caselaw 4995 Kant

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           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 17TH DAY OF MARCH, 2022
                      PRESENT
     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                            AND
       THE HON'BLE MRS.JUSTICE K.S. HEMALEKHA
            WA No.100116 OF 2022 (S-RES)
BETWEEN:

INDUS SECURITY SERVICES AND DETECTIVES
PVT. LTD, SITUATED AT STALL NO.12,
I FLOOR, CORPORATION BUILDING,
STATION ROAD, DHARWAD, REPRESENTED
BY ITS MANAGING DIRECTOR,
SHRI. H.S. CHANDRASHEKHAR
AGE:77 YEARS R/O. DHARWAD.
                                              ....APPELLANT
(BY SRI.NARAYAN V. YAJI, ADVOCATE)
AND:
1.     THE MANAGING DIRECTOR
       SHRI BHAGYALAXMI SHAKARI SAKKARE
       KARAKHANE LTD., KUPATGIRI,
       POST:KUPATGIRI, TQ: KHANAPUR
       DIST: BELGAUM PIN-591 302.
2.    THE JOINT REGISTRAR OF CO-OPERATIVE
      SOCIETIES AND HEAD QUARTER'S
      ASSISTANT TO, THE COMMISSIONER,
      CANE DEVELOPMENT AND DIRECTOR OF SUGAR,
      NO.32, CHOWGALE HOU7SE, 6TH FLOOR,
      CRESCENT ROAD, BANGALORE-560 001.
                                          ....RESPONDENTS
(BY SRI.PRASHANT V. MOGALI, HCGP FOR R2)
       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING THIS HON'BLE COURT TO,
SET ASIDE THE JUDGMENT/ ORDER PASSED BY THE LEARNED SINGLE
JUDGE IN WRIT PETITION NO.104387/2014 (S-RES) DATED
07.12.2021 AS IT IS ILLEGGAL AND CONSEQUENTLY GRANT/ ALLOW
THE PRAYER MADE IN THE WRIT PETITION, IN THE INTEREST OF
JUSTICE AND EQUITY.
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      THIS APPEAL COMING ON FOR ORDERS THIS DAY, S. SUNIL
DUTT YADAV J., PASSED THE FOLLOWING:

                        ORDER

Learned counsel for the appellant after arguing the

matter for sometime submits that he intends to pursue

other substantive remedy in light of the observations made

by the authorities and learned Single Judge that the

proceedings under Section 70 of the Karnataka

Co-operative Societies Act, 1959 is not maintainable. The

appellant submits that time spent in the proceedings

culminating in the order of the learned Single Judge and till

date ought to be excluded. While construing as to whether

the proceedings to be instituted are within time, the

decision as to treating of time spent before the authority

as well as this Court is a matter to be decided by the

forum, to which the appellant may approach. It is always

open for the appellant to take benefit of the time spent in

the legal proceedings culminating in the orders passed in

the present proceedings by taking recourse to Section 14

of the Limitation Act which may by considered by the

appropriate forum appropriately. Learned counsel for the

appellant further submits that if he files a suit, statutory

notice will be issued and in that regard there would be

delay in approaching the Civil Court. This aspect of the

matter is also open to be taken note of by the Court to

which the appellant may approach in accordance with law.

Accordingly appeal is disposed of.

SD/-

JUDGE

SD/-

JUDGE

PJ