Sri. Dhondiba S/O Appaji Chougule vs Lokmanya Co-Operative Credit Society
2024 Latest Caselaw 27683 Kant

Karnataka High Court

Sri. Dhondiba S/O Appaji Chougule vs Lokmanya Co-Operative Credit Society on 19 November, 2024

                                                 -1-
                                                            NC: 2024:KHC-D:16766
                                                         MFA No. 103313 of 2018




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                            DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                               BEFORE

                              THE HON'BLE MR. JUSTICE C.M. POONACHA

                        MISCELLANEOUS FIRST APPEAL NO.103313 OF 2018 (AA)

                   BETWEEN:

                   1.    SRI. DHONDIBA S/O. APPAJI CHOUGULE,
                         AGE: 62 YEARS, OCC: BUSINESS,
                         R/O: 746 "GURU MAIEE", 1ST CROSS ROAD,
                         BHAGYA NAGAR, TILAKWADI,
                         BELAGAVI - 590 006.

                   2.    SMT. ARCHANA
                         W/O. DONDIBA CHOUGULE,
                         AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
                         R/O: 746 "GURU MAIEE", 1ST CROSS ROAD,
                         BHAGYA NAGAR, TILAKWADI,
                         BELAGAVI - 590 006.
Digitally signed
by SAROJA
HANGARAKI
Location: High
Court of           3.    SRI. DNYANESHWAR S/O. KRISHNA RAWOOL,
Karnataka
                         AGE: 45 YEARS, OCC: BUSINESS,
                         R/O: 392/8, SAWARKAR ROAD,
                         TILAKWADI, BELAGAVI - 590 006.
                                                                    ...APPELLANTS
                   (BY SRI AKSHAYA KATTI, ADVOCATE)

                   AND:

                   1.    LOKMANYA CO-OPERATIVE
                         CREDIT SOCIETY, (MULTI STATE),
                         HAVING ITS REGISTERED HEAD OFFICE AT:
                                 -2-
                                             NC: 2024:KHC-D:16766
                                           MFA No. 103313 of 2018




     PLOT NO.30/2/A/1, BHAGYA NAGAR,
     TILAKWADI, BELAGAVI - 590 006.

2.   SHRI BALKRISHNA
     S/O. SAKHARAM HODGE,
     AGE: 55 YEARS, OCC: SERVICE,
     R/O: NEW DOULAT CO - OPERATIVE
     HOUSING SOCIETY, A-16,
     SECTOR 16, VASHI,
     NAVI MUMBAI - 400 073.

3.   SHRI D.R. KENKARE,
     AGE: 65 YEARS,
     OCC: RETIRED DISTRICT JUDGE,
     AND ARBITRATOR APPOINTED UNDER
     MULTI STATE CO-OPERATIVE CREDIT
     SOCIETIES ACT, 2002,
     R/O: "THIRTHROOP", ALTO DULER,
     MAPUSA, GOA - 403 507.
                                            ...RESPONDENTS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE FOR R1;
NOTICE TO R3 IS SERVED)

      THIS   MFA   IS   FILED   U/S.37(1)   OF   ARBITRATION   AND
CONCILIATION ACT, 1996, PRAYING TO ALLOW THE PRESENT
APPEAL AND SET ASIDE THE JUDGMENT DATED 04.09.2018, PASSED
BY THE PRINCIPAL DISTRICT JUDGE, BELAGAVI, AT BELAGAVI, IN
ARBITRATION SUIT NO.02/2018 AND ALSO SET ASIDE THE AWARD
DATED     24.11.2008      PASSED      IN      ARBITRATION      CASE
NO.ARB/LOK/TLK/86/07 BY THE RESPONDENT NO.3 AND ETC.,


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
                                 -3-
                                            NC: 2024:KHC-D:16766
                                         MFA No. 103313 of 2018




CORAM:       THE HON'BLE MR. JUSTICE C.M. POONACHA


                          ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

Learned counsel for the appellant has filed a memo,

which reads as follows:

"Herein, the memo on behalf of the appellant is as under:

That, the counsel on behalf of the appellant has been instructed that the appellant has settled the present matter with the respondent No.1 out of the court. Therefore, it is respectfully prayed that the appellant be permitted to withdraw the present appeal as the same is settled out of the court.

Hence, this memo."

In view of the same, the above appeal is dismissed

as withdrawn.

Sd/-

(C.M. POONACHA) JUDGE

SH/CT-ASC