Karnataka High Court
Mr Syed Pacha Sab vs The Joint Registrar Of Co-Op. Societies on 27 November, 2023
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NC: 2023:KHC:42818
WP No. 4208 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 4208 OF 2019 (CS-RES)
BETWEEN:
1. MR SYED PACHA SAB
S/O KAREEM SAB,
AGED ABOUT 75 YEARS,
REPRESENTED BY HIS GPA HOLDER,
MR ASLAM PASHA (PETITIONER NO.2)
2. MR ASLAM PASHA
S/O SYED PACHA SAB,
AGED ABOUT 41 YEARS,
BOTH ARE R/AT NO.20/25, 2ND CROSS,
A.R.LAYOUT,
HOSKOTE-562114
BANGALORE RURAL DISTRICT,
BANGALORE
Digitally ...PETITIONERS
signed by
BHARATHI S (BY SRI MURALI B S, ADVOCATE)
Location:
HIGH COURT AND:
OF
KARNATAKA
1. THE JOINT REGISTRAR OF CO-OP.
SOCIETIES (RULE-441)
KARNATAKA STATE CO-OPERATIVE
URBAN BANK, FEDERATION LIMITED,
K H ROAD,
BANGALORE-560027
2. THE MANAGER
THE TOWN CO-OP BANK LTD.,
HOSKOTE-562114
BANGALORE RURAL DISTRICT,
BANGALORE.
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NC: 2023:KHC:42818
WP No. 4208 of 2019
3. THE ASSISTANT REGISTRAR OF
CO- OP SOCIETIES (RULE-441)
KARNATAKA STATE CO OPERATIVE URBAN BANK,
FEDERATION LIMITED,
K H ROAD,
BANGALORE-560027
...RESPONDENTS
(BY SRI SIDHARTH BABURAO, AGA FOR R1 & R3
SRI N RAMACHANDRA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT DTD 28.03.2018 IN APPEAL NO.271/2014 VIDE ANNX-E
PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed seeking for the following
reliefs:
"a) Issue a Writ of Certiorari, by setting aside the
impugned judgment dated 28.3.2018 in Appeal
No.271/2014, vide Annexure-E passed by the Karnataka
Appellate Tribunal, Bangalore;
b) Issue a Writ of Certiorari, quashing the impugned
notice in Form No.9 under Rule 38(2)(d) dated 3.1.2019
issued by the 3rd respondent vide Annexure-F;
c) Consequently, Allow the Appeal No.271/2014 on
the file of the Karnataka Appellate Tribunal, Bangalore as
prayed for:
d) Pass such other order or direction as deemed fit
and proper in the circumstances of the case and allow this
appeal with cost, in the interest of justice and equity."
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2. The relevant facts necessary for consideration of
the present petition are that, the petitioners having availed
financial assistance from the second respondent and having
failed to repay the same, the second respondent initiated
proceedings under Section 70 of the Karnataka Co-operative
Societies Act, 1959 (hereinafter referred to as 'the Act').
Petitioner No.2 entered appearance in the said proceedings and
contested the same. The parties adduced oral and documentary
evidence, consequent to which, the first respondent by award
dated 22.11.2011 allowed the dispute and directed the
petitioners to repay a sum of `7,72,788/- together with interest
and costs. Being aggrieved, the petitioners preferred Appeal
No.271/2014 before the Karnataka Appellate Tribunal,
Bangalore (hereinafter referred to as 'the Tribunal'). It is
forthcoming from the record that during the pendency of the
proceedings, the petitioners have paid a sum of `2,76,376.75
to the second respondent. The Tribunal, by its judgment dated
28.3.2018 dismissed the appeal. Being aggrieved, the present
writ petition is filed.
3. Consequent to the dismissal of the appeal before
the Tribunal, the third respondent issued a demand notice
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dated 3.1.2019 notifying the petitioners to pay a sum of
`12,39,760/- together with interest and other charges, failing
which the property would be auctioned on 14.2.2019. This
Court, vide order dated 1.2.2019 granted interim stay of the
demand notice dated 3.1.2019 subject to the petitioners
depositing a sum of `5.00 lakhs with the second respondent
within three weeks.
4. Learned counsel for the second respondent submits
that the condition imposed in the interim order dated 1.2.2019
has not been complied with. Hence, this Court by order dated
9.11.2023 has vacated the said interim order dated and
adjourned the matter for making submissions on the merits of
the matter.
5. It is forthcoming from the material on record that in
the dispute initiated by the second respondent, the first
respondent has considered the relevant fact situation of the
petitioners having availed financial assistance and after
considering the defence putforth has, by award dated
22.11.2011 directed the petitioners to pay a sum of
`7,72,788/- together with interest and costs. The mortgaged
property was ordered to be sold towards recovery of the
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moneys upon failure of the petitioners to repay the same. In
the appeal filed by the petitioners, although the said appeal
was filed after a delay of 943 days, the said delay was
condoned and in its judgment, the Tribunal after re-
appreciating the entire factual aspect of the matter and having
noticed the case of the parties, dismissed the appeal filed by
the petitioners.
6. Although various grounds have been urged by the
petitioners, it is forthcoming that the petitioners, on the ground
that they were suffering from various ailments had also sought
to defer the recovery proceedings. Further, it is forthcoming
that despite adequate opportunities having been granted to
enable the petitioners to repay the amounts claimed by the
second respondent, the same has not been paid.
7. The petitioners have sought to contend that they
had no notice of the award as also they had made every effort
to pay the amounts due and payable. It is relevant to note that
the first respondent as well as the Tribunal have considered the
entire aspect of the matter including the defence of the
petitioners. The petitioners have failed in demonstrating that
the judgment of the Tribunal as well as the award of the first
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respondent are in any manner erroneous and is required to be
interfered with by this Court in exercise of its equitable
discretionary jurisdiction contained under Articles 226 and 227
of the Constitution of India.
8. In view of the aforementioned, the writ petition is
dismissed as being devoid of merit.
Sd/-
JUDGE
nd
