Sri. Chandrashekhar S/O Rudrayya ... vs The Assistant Registrar Of
2024 Latest Caselaw 25391 Kant

Karnataka High Court

Sri. Chandrashekhar S/O Rudrayya ... vs The Assistant Registrar Of on 24 October, 2024

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                                                            NC: 2024:KHC-D:15482
                                                       WP No. 106709 of 2018




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 24TH DAY OF OCTOBER, 2024
                                             BEFORE
                            THE HON'BLE MR. JUSTICE C.M. POONACHA
                           WRIT PETITION NO.106709 OF 2018 (CS-RES)
                   BETWEEN:

                   SRI CHANDRASHEKHAR S/O. RUDRAYYA MATHAD,
                   AGE: 68 YEARS, OCC: AGRICULTURE,
                   R/O: RAMAPUR SITE, NO.2805,
                   SINGARGOPP ROAD, SOUNDATTI,
                   TQ: SOUNDATTI, DIST: BELAGAVI.
                                                                    ...PETITIONER
                   (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)

                   AND:

                   1.   THE ASSISTANT REGISTRAR OF
                        CO-OPERATIVE SOCIETY, BAILHONGAL,
                        TQ: BAILHONGAL, DIST: BELAGAVI.

                   2.   JYOTI PATTAN SAHAKARI SANGH NIYAMIT,
                        BAZAR ROAD, SOUNDATTI, TQ: SOUNDATTI,
                        DIST: BELAGAVI, REPRESENTED BY ITS
                        CHIEF EXECUTIVE.
Digitally signed
by YASHAVANT
NARAYANKAR
                   3.   THE DEPARTMENTAL ARBITRATOR,
Location: High          AND CO-OPERATIVE DEVELOPMENT OFFICER,
Court of
Karnataka               SOUNDATTI.
                                                              ...RESPONDENTS
                   (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R2;
                   NOTICE TO R1 AND R3 ARE SERVED)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE
                   NATURE OF CERTIORARI TO QUASH THE IMPUGNED JUDGMENT AND
                   ORDER DATED 26.07.2018 IN APPEAL NO.205/2011 PASSED BY THE
                   KARNATAKA     APPELLATE     TRIBUNAL,    BANGALURU     VIDE
                   ANNEXURE-"A" AND JUDGMENT AND AWARD DATED 26.11.2019
                   PASSED BY THE ARBITRATOR VIDE ANNEXURE-"B". TO DIRECT THE
                   RESPONDENTS NO.1 AND 2 TO SETTLE THE MATTER WITH THE
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                                                  NC: 2024:KHC-D:15482
                                             WP No. 106709 of 2018




PETITIONER UNDER ONE TIME SETTLEMENT BY REDUCING THE RATE
OF INTEREST AND ETC.,

     THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

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

                            ORAL ORDER

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

The present writ petition is filed seeking for the following

reliefs:

"1. To issue writ in the nature of certiorari to quash the impugned judgment and order dated 26.07.2018 in appeal No.205/2011 passed by the Karnataka Appellate Tribunal, Bangaluru vide Annexure-A and judgment and award dated 26.11.2019 passed by the Arbitrator vide Annexure-B.

2. To direct the respondents No.1 and 2 to settle the matter with the petitioner under one time settlement by reducing the rate of interest and justice.

3. To direct the 2nd respondent not to take any coercive steps against the petitioner."

2. The relevant facts in nutshell leading to the present

writ petition are that the petitioner along with others had

NC: 2024:KHC-D:15482

availed financial assistance from respondent No.2-Society.

Since the amounts due and payable are not paid, the

respondent No.2-Society instituted proceedings under Section

70 of the Karnataka Co-operative Societies Act, 19591. The

Arbitrator, by order dated 26.11.2010, allowed the said dispute

and ordered that the respondents therein including the

petitioner are liable to pay a sum of ₹3,78,235/- together with

interest @ 23% per annum. Being aggrieved, the petitioner

preferred an appeal in Appeal No.205/2011 before the

Karnataka Appellate Tribunal, Bengaluru2. The Tribunal, by its

order dated 26.07.2018, partly allowed the said appeal and

reduced the rate of interest to 17%. Being aggrieved, the

present writ petition is filed.

3. This Court, by interim order dated 10.07.2019,

granted stay of the award dated 26.11.2010 subject to

petitioner depositing ₹50,000/- within four weeks from that

day. It is relevant to note that the petitioner had consented to

make the deposit. However, till date, the deposit has not been

made.

Hereinafter referred as "the 1959 Act"

Hereinafter referred as "the Tribunal"

NC: 2024:KHC-D:15482

4. The sole contention urged by the petitioner before

this Court was that the petitioner was not notified before the

award was passed. The same contention was urged by the

petitioner before the Tribunal. The Tribunal considering the

same and appreciating the material on record has recorded a

finding that the notices which have been issued by the

Arbitrator, have been served on the petitioner.

5. Having regard to the fact that the availing of credit

facilities itself is not disputed and having regard to the fact that

the petitioner has been notified of the proceedings by the

Arbitrator, the petitioner has failed to make out any ground for

grant of relief sought for in the present writ petition.

6. Accordingly, the writ petition is dismissed as being

devoid of merit.

Sd/-

(C.M. POONACHA) JUDGE

YAN CT-ASC