Shri Kiran S/O Bhimarao Honnatti vs Shri Beereshwar Co Op Credit Society Ltd
2024 Latest Caselaw 12832 Kant

Karnataka High Court

Shri Kiran S/O Bhimarao Honnatti vs Shri Beereshwar Co Op Credit Society Ltd on 7 June, 2024

                                                   -1-
                                                           NC: 2024:KHC-D:7593
                                                            WP No. 102526 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 7TH DAY OF JUNE, 2024

                                                 BEFORE
                           THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                              WRIT PETITION NO. 102526 OF 2024 (GM-CPC)
                      BETWEEN:

                      1.   SHRI KIRAN S/O BHIMARAO HONNATTI
                           AGE 47 YEARS, OCC BUSINESS
                           R/O KILLA GOKAK, BELAGAVI 591307

                      2.   LAKKAPPA S/O GULAPPA PUJARI
                           AGE 48 YEARS, OCC AGRICULTURE
                           R/O PULAGADDI, TAL MUDALAGI
                           GOKAK, DIST BELAGAVI 591224

                                                                      ...PETITIONERS

                      (BY SRI. SHARAD M PATIL.,ADVOCATE)

                      AND:

                      1.   SHRI BEERESHWAR CO OP CREDIT SOCIETY LTD
                           EXAMBA (MULTI-STATE) BR GOKAK
Digitally signed by
                           REPRESENTED BY SHRI MAHANTESH S/O SHANKAR
BHARATHI H M
Location: HIGH             BISKOP
COURT OF
KARNATAKA
DHARWAD
                           AGE 37 YEARS, OCC MANGER
BENCH
Date: 2024.06.13           R/O NIDASOSHI, TQ HUKKERI
12:15:23 +0530
                           DIST BELAGAVI 591307

                      2.   SMT SUREKHA W/O NAGAPPA DANDINAVAR
                           AGE 46 YEARS, OCC AGRICULTURE
                           R/O GUJANATTI POST DHARMATTI
                           TAL MUDALAGI GOKAK, DIST BELAGAVI 591307

                                                                    ...RESPONDENTS

                      (BY SRI.SHARAD V.MAGADUM, ADV. FOR R1,

                      R2 SERVED)
                             -2-
                                  NC: 2024:KHC-D:7593
                                    WP No. 102526 of 2024




     THIS WRIT PETITION IS FILED PRAYING TO ISSUE A WRIT OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 22/04/2024
PASSED BY THE 12TH ADDL DISTRICT AND SESSION JUDGE,
BELAGAVI SITTING AT GOKAK IN E.P.NO.8150/2023 VIDE
ANNEXURE-D.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
                          ORDER

The captioned writ petition is filed by the judgment

debtors feeling aggrieved by the order passed by the

executing court in rejecting the objection raised by the

petitioners/judgment debtors.

2. Heard the learned counsel for the petitioners,

learned counsel for respondent No.1 and perused the

material on record.

3. The respondents based on an award passed by

the arbitrator have filed execution petition to enforce the

award. An award passed by the arbitrator in the present

case on hand is covered under Section 84(5) of The Multi-

State Co-operative Societies Act, 2002 r/w Section 2(a) of

the Arbitration and Conciliation Act, 1996. The award

passed by the arbitrator has to be enforced by filing a

NC: 2024:KHC-D:7593

petition before the District court. Therefore, this court is

not inclined to grant any indulgence against the order

under challenge.

4. In view of the above discussion, no indulgence

is warranted. The writ petition being devoid of merits

stands dismissed.

Sd/-

JUDGE

MBS