The Mahila Co-Operative Bank Ltd vs Smt. N D Lakshmamma
2023 Latest Caselaw 7379 Kant

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                                                      NC: 2023:KHC:38407
                                                 WP No. 45839 of 2018




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
                    WRIT PETITION NO. 45839 OF 2018 (CS-RES)


             BETWEEN:

             THE MAHILA CO-OPERATIVE BANK LTD.,
             HEAD OFFICE AT NO.14 SOUTH END ROAD,
             SHESHADRIPURAM,
             BENGALURU - 560 020.
             REP. BY ITS CHIEF EXECUTIVE OFFICER,
             SMT. P. YAMUNA.
                                                           ...PETITIONER
             (BY SMT. TUSHARINI A.K. FOR
                 SRI. RAMA BHAT K.,ADVOCATE)

             AND:

             1.    SMT. N D. LAKSHMAMMA,
                   W/O. T. VENKATESH,
Digitally
signed by          AGED ABOUT 43 YEARS,
BHARATHI S
Location:
HIGH         2.    SRI. T. VENKATESH,
COURT OF
KARNATAKA          S/O LATE THIMME GOWDA,
                   AGED ABOUT 47 YEARS,

                   RESPONDENT NO.1 AND 2 ARE
                   RESIDING AT NO.72/1 MARENAHALLI,
                   2ND PHASE, J. P. NAGARA,
                   BENGALURU - 560 078.
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                                           NC: 2023:KHC:38407
                                        WP No. 45839 of 2018




3.   SRI. S. SHANKAR,
     S/O. R. SUBRAMANI,
     MAJOR,
     R/AT NO.709 VASANTHAPURA,
     UTTARAHALLI,
     BENGALURU - 560 061.

4.   THE ADDL. REGISTRAR OF CO-OP. SOCIETIES,
     (U/R 441 ARBITRATION CELL)
     KARANTAKA STATE CO-OPERATIVE SOCIETIES,
     URBAN CELL, K. H. ROAD,
     BENGALURU - 560 027.
                                         ...RESPONDENTS
(BY SRI. P. ANAND, ADVOCATE FOR R1 & R2;
    SRI. SIDDHARTH BABURAO, AGA FOR R4;
    NOTICE TO R3 IS DISPENSED WITH VIDE ORDER
    DATED 08.03.2019)


      THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION
AND THEREBY SET-ASIDE THE JUDGMENT DATED 26.04.2018
PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL,
BENGALURU IN APPEAL NO.302/2015 AS PER ANNEXURE-A
AND THEREBY TO CONFIRM THE AWARD DATED 29.09.2015
PASSED   BY    THE    ADDL.    REGISTRAR   OF   CO-OPERATIVE
SOCIETIES     IN   DISPUTE    NO.JRD/UBF/20/2012-13   AS   PER
ANNEXURE-B AND ETC.,

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                                 NC: 2023:KHC:38407
                                             WP No. 45839 of 2018




                                ORDER

The petitioner has filed a memo which reads as

follows:

"The Petitioner respectfully submits that pending disposal of the above writ petition, the Respondent No.1 and 2 have closed the loan account and released the mortgage. As such the above writ petition become infructuous and accordingly it is prayed that the writ petition may kindly be dismissed as not pressed in the interest of justice and equity."

2. In view of the aforementioned, the above writ

petition is dismissed as having been rendered infructuous.

Sd/-

JUDGE

MCR