Karnataka High Court
Bhagiratha Fisheries Co-Operative ... vs The Additional Registrar Of ... on 5 December, 2023
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NC: 2023:KHC:43963
WP No. 2012 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 2012 OF 2021 (CS-RES)
BETWEEN:
1. BHAGIRATHA FISHERIES CO-OPERATIVE SOCIETY LTD
HAVING ITS OFFICE AT KESTUR VILLAGE,
YALANDUR TALUK,
CHAMARAJANAGAR DISTRICT 571441.
REP. BY ITS PRESIDENT,
SRI.K.K.RANGARAJU
...PETITIONER
(BY SRI. RAVISHANKAR S.,ADVOCATE)
AND:
1. THE ADDITIONAL REGISTRAR OF
COOPERATIVE SOCIETIES
(HOUSING AND MISCELLANEOUS)
NO.1, ALI ASKER ROAD,
BANGALORE 560052.
Digitally
signed by
BHARATHI S 2. THE ASSISTANT REGISTRAR OF
Location: COOPERATIVE SOCIETY
HIGH
COURT OF CHAMARAJANAGAR SUB-DIVISION,
KARNATAKA CHAMARAJANAGAR,
CHAMARAJANAGAR DISTRICT 571313
3. THE KARNATAKA STATE COOPERATIVE FISHERIES
FEDERATION LIMITED
HAVING ITS REGISTERED
OFFICE AT NO.1226/1,
BHAVA SAMPADA, NEW KANATHARAJ URS ROAD,
MYSORE-570004.
REP. BY ITS MANAGING DIRECTOR
4. THE ASSISTANT DIRECTOR OF FISHERIES
ROOM NO.221, JILLA ADALITHA BHAVANA,
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WP No. 2012 of 2021
CHAMARAJANAGAR 571313.
...RESPONDENTS
(BY SRI.SIDHARTH BABURAO., AGA FOR R1 & R2
SRI G CHANDRASHEKARAIAH, ADVOCATE FOR R3
R4 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
22.10.2018 BEARING NO.16 OF 2014 (MYSURU CAMP) PASSED BY
KARNATAKA APPELLATE TRIBUNAL VIDE ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The present writ petition is filed challenging the order
dated 22.10.2018 passed in Appeal No.16/2014 by the
Karnataka Appellate Tribunal, Mysuru Camp (hereinafter
referred to as the 'Tribunal').
2. The relevant facts necessary for consideration of the
present petition are that the Petitioner instituted proceedings
against Respondent Nos.3 and 4 under Section 70 of the
Karnataka C-Operative Societies Act, 1959 (hereinafter
referred to as the 'Act'). The 1st Respondent by order dated
25.11.2013 allowed the dispute raised by the Petitioner and
ordered that Respondent No.3 who was arrayed as 1st
Respondent in the said proceedings was liable to pay the
Petitioner a total sum of `2,42,487/- together with interest @
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18%. Being aggrieved, Respondent No.3 preferred Appeal
No.16/2014 before the Tribunal. The Tribunal by its judgment
dated 22.10.2018, allowed the said appeal and set aside the
order dated 25.11.2013. Being aggrieved, the present writ
petition is filed.
3. Learned counsel for the Petitioner contends that the
Tribunal while allowing the appeal filed by Respondent No.3
recorded a finding that the order dated 25.11.2013 has been
passed without application of mind and without analyzing the
evidence on record and the said order is not a speaking order
without setting out the reasons under which the calculation
has been arrived at. It is further submitted that having regard
to the said findings recorded by the Tribunal, it ought to have
remanded the matter to Respondent No.1 for fresh
adjudication.
4. The submissions made have been considered and the
material on record have been perused. The question that arise
for consideration is 'whether the order dated 22.10.2018
passed by the Tribunal is liable to be modified and as to
whether the matter is required to be remanded to Respondent
No.1 as sought for by the Petitioner?'
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5. The relevant fact situation insofar as the proceedings
initiated by the Petitioner against Respondent Nos.3 and 4 and
the award dated 25.11.2013 passed in the said proceedings are
a matter on record. It is further forthcoming that the Tribunal
while considering the appeal filed by Respondent No.3 has
recorded the following findings:
On perusal of the impugned order the 2nd
Respondent did not discuss anything in respect of the
oral evidence and the documents produced by the 3rd
Respondent and without application of mind and without
analyzing the evidence has simply passed an order
stating that the 3rd Respondent proved its case for
recovery of `2,43,487/-. This finding is given by the 2nd
Respondent is not based on any material on record and
without appreciation of any evidence and documents.
The impugned order is not a speaking order without
explaining the reasons under which the 2nd Respondent
has come to a conclusion for allowing the dispute.
Hence the impugned order is highly perverse and not
based on the material evidence on record. Hence, the
impugned order is liable to be set aside.
6. It is forthcoming that Respondent No.1 had allowed
the dispute raised by the Petitioner and directed the
Respondent No.3 to pay the Petitioner a total sum of
`2,43,487/- together with interest @ 18%. The Tribunal while
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considering the appeal filed by Respondent No.3 has set aside
the same by recording a finding that the order passed by 1st
Respondent is not a speaking order and no reasons have been
set out.
7. Having regard to the said finding, it is just and proper
that the matter be remanded to Respondent No.1 for adequate
consideration of the dispute raised by the Petitioner which has
not been done by the Tribunal. The order of the Tribunal in
merely setting aside the order dated 25.11.2013 passed by
Respondent No.1 and not issuing any further direction as to
whether the proceedings are required to be remanded or as to
the status of claim made by the Petitioner before Respondent
No.1 is erroneous and required to be interfered with.
7. Hence, the following order is passed:
i. Writ petition is allowed.
ii. Order dated 22.10.2018 passed in Appeal
No.16/2014 by the Karnataka Appellate
Tribunal, Mysuru Camp is modified only to
the extent of further directing that the matter
be remanded to Respondent No.1 for fresh
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consideration of the claim of Respondent
No.1.
iii) The Petitioner shall appear before
Respondent No.1 on 20.12.2023, consequent
to which, Respondent No.1 shall undertake
further proceedings in accordance with law.
Sd/-
JUDGE
BS-
