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AT BANGALORE }
Dated this the 19m day ofJunc, 2003 M
am:-can:
um nomm an wmcn D
WriiPeg;'g'onNo.
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sm. MANJUNATHA HOUSING __
co---o?3RA'rIvE SOCIETY L'l'D,W._,__
BASAVANAGAR, HALYAL-. Row, ' -
DHARWAD.
DI-IARWAD 13:s*m:t,=':é ' _ _ .
BYI'I'SSECRETjARY,- F'E'I'!'I'}ONER
%%%% ' {i€'»yMVs§-igg , Adm]
1. THE Joi'rs*Ij%:2a:disffR.aR{:ii?
cc-o1?EieA1*:?JE: socrmgs,
BELGAUM DI*«ii'SIQN,_
" ._ Vi;.'A'I'~E HUCHAWA MITTALKOD,
AGED 6? YEARS,
I'-'€~_lO If:'O..BB 39, K1-LB. COLONY,
KA'J.'AL.,BYRASANDRA,
R.'I'. NJKGAR,
.. " Lg.NGALoRE -- 560 032. RESPONDENFS
Smt. Asha M. Kumbaragerimath. HCGP for R1;
Decpti, Sri. Pramod, Advs. hr Sri. K.V. N
as Sri. Kcmpcgowda, Advs. For R2]
made'.oI:.e_V_ gtounds before the tribunal, the
dismissed the appeal and
_ __petilioner~society is compelled to file the
ll preserlt petition.
" respondent is represented by Ms Asha M
__ learned Government Pleader and the
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member with interest at the rate of 18% p.21.
aggrieved by this order, thepetitioner had ”
appeal to the tribunal and the tribunal Q
the appeal also, the petitioner-socie’;t’$rlAll1;.<;;lls
3. Appearing for the petifiofielig»
learned counsel, ie per se
bad for the reasoztthat had in fact
offered an but
he did not lltlierelwas no question of
allotting register should not
have awardedllirttereetlat of 18% p.a.; that though
i V’ ‘j:_iris<iiction"e* A "seeking relief in respect of a proper
caiiseg' " V
iientzeti this writ getition is dismissed with cost of Rs
it /– H (Rupees five thousand only) payable by the
petitioner to the second respondent, which is to be
ii deposited before this court by the petitioner and on such
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second respondent-member is represented / s
Pramod and Deepthi, appearing on behair j
Narasimhan.
5. The matter is fiivoious,
examination in writ lien oft
the opinion that the Wieis’ to refund the
amount deposited iiseeoqfiei,’:r¢:§:3;3ndent–member,
which was with interest
at the rate” order is found not
meritixig xépjjeilate tribuzlal, I do not
find tvith the impugieci orders in
writ j1ufisdietie_:i1.’..’.*Wi%itiiietifion is more an abuse of Writ
0%/.o
S
deposit, is permitted to be Withdrawn by ti1e §§coI1d
respondont through his cotmsoi. The cost _
or deposited by the petitioner V’
today, failing which, the registxja
cartificate in favour of the second 1*t::§po;V1c{eAii’£-,_’1\?’or 3 .
of the cow; as though it is a decree
COUIT.