Karnataka High Court
K Valisab S/O. Mahboobsab vs M/S Margadarsi Chits (Kar) Pvt. Ltd on 4 September, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC-D:12742
WP No. 105257 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 105257 OF 2024 (GM-CFA)
BETWEEN:
1. K. VALISAB S/O. MAHBOOBSAB,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. JB NAGAR, MUNIRABAD,
KOPPAL-583231.
2. GOUSIYA W/O. K. VALISAB,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O. JB NAGAR, MUNIRABAD,
KOPPAL-583231.
...PETITIONERS
(BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
1. M/S. MARGADARSI CHITS (KAR) PVT. LTD.,
2ND FLOOR, PARWAZ PLAZ, COLLEGE ROAD,
HOSAPETE,
REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE FOREMAN,
PIN CODE-583201.
GIRIJA A
BYAHATTI 2. THE DEPUTY REGISTRAR OF CHITS
REPRESENTED BY NOMINEE, K. SADANAND,
Location: HIGH
COURT OF ADVOCATE/NOMINEE, HOSPETE, PIN-583201.
KARANTAKA
DHARWAD ...RESPONDENTS
BENCH
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE IN THE
NATURE OF CERTIORARI QUASHING THE ORDER DATED 28/05/2022
PASSED BY RESPONDENT NO.2 BEARING DISPUTE NO.83/2021-22
VIDE ANNEXURE-C; ISSUE IN THE NATURE OF CERTIORARI
QUASHING THE ORDER DATED 16/12/2023 PASSED BY LEARNED
SENIOR CIVIL JUDGE AND CJM KOPPAL IN EX.NO.15/2023 VIDE
ANNEXURE-E.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:12742
WP No. 105257 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
1. Heard the petitioners' counsel.
2. In this writ petition, a prayer is sought to issue writ
in the nature of certiorari quashing the order dated
28.05.2022 passed by respondent No.2 bearing
Dispute No.83/2021-2022 vide Annexure-C and also
to quash the order dated 06.12.2023 passed by the
learned Senior Civil Judge and CJM, Koppal in
Ex.No.15/2023 vide Annexure-E and grant any other
relief.
3. The factual matrix of the case of the petitioner is
that, petitioners No.1 and 2 are the subscribers of
the chit and they have received the price amount of
Rs.16,25,000/- and defaulted in repayment of due
installments and the cheque issued by the petitioner
has also been dishonoured. A private complaint is
filed by the respondent in PCR No.289/2021 invoking
Section 138 of the Negotiable Instruments Act. A
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legal notice is also issued to the petitioner, but he did
not repay the amount. Hence cognizance is also
taken and the matter is pending.
4. The counsel for the petitioner would submit that,
during the pendency of the said proceedings,
respondent had instituted the proceedings under the
Chit Funds Act before the Deputy Registrar of Chits
bearing dispute No.83/2021-2022 and notice has
been served and decision was taken. The impugned
order is also passed as per Annexure-C and it was
directed to the petitioner to pay Rs.11,90,496/- with
interest at 24% p.a. The Execution Petition is also
filed to enforce the said order and issued attachment
of movables of Judgment Debtors No.1 to 3.
5. Having considered the factual aspects of the case
and petitioners not dispute the fact that they are
subscribers of the chit and also not in dispute that
they committed default in repayment of the same.
Hence the proceedings also initiated before the
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concerned authority in terms of Annexure-C and
order was also passed on 28.05.2022 and no appeal
is filed against the said order and the same has
attained finality. Now the petitioners cannot invoke
the writ jurisdiction before this Court when they have
got an alternative remedy. Apart from that,
Execution Petition is filed consequent upon
Annexure-C which attained its finality and court
notice has been served. When the award amount
has not been paid, attachment of movables warrant
is issued.
6. When such being the case, the petitioners cannot
seek the relief by exercising the writ jurisdiction
without exhausting the efficacious alternative
remedy. Hence the very contention of the
petitioners that already N.I. Act proceedings has
been initiated and hence the respondent No.2 cannot
pass such an award cannot be accepted. If there is
any grievances against the order at Annexure-C, the
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petitioners ought to have challenged the same before
the appropriate forum and instead of challenging the
same writ jurisdiction is invoked.
7. Hence I do not find any ground in the writ petition to
entertain the same when the efficacious alternative
remedy is available and also the order at Annexure-C
has attained its finality. Under the circumstances, no
ground is made out to grant the relief as sought.
8. In view of the discussions made above, I pass the
following:
ORDER
Writ Petition is dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
gab
ct-mck
