High Court Karnataka High Court

Sri.K.M.Shivakumar vs The Joint Registrar Of … on 20 January, 2010

Karnataka High Court
Sri.K.M.Shivakumar vs The Joint Registrar Of … on 20 January, 2010
Author: L.Narayana Swamy
* E'-"'" 

 (B 1" "SRI.2:AI--IEER AHMED, AGA EOR R~ 1.

IN THE HIGH COURT OF KARNATAKA AT ISANGAEORE
DATED THIS THE 20m DAY OF JANUARy;..2D;1_':Q_'O:".: " 
BEFORE _  _ " V  '   '
THE HONBLE 
WRIT PETITION NO. 17964   fgfisj  "
BETWEEN: A   V V    _

SR1 K.M.SHIVA   -  "
SON OF LATE K.S.MAL.L1'KAI2,JLINA"RRASANNA,
AGED ABOUT 37 YEARS,'  _ 
RESIDENTS OF._BIRUR,--  _  '
KADUR    I    :
CH1CKMANGiAL'(:;R_.DI,STRI_CT. _  ' 
     :PETITIONEB
(BY SRI.K.SRINIyASA; IADV. EOR  ASSTS.)

AND:

1. TIIE'JO1I~:£T'RiE<§IST*RAR
OECo--ORERATIVE.'CSOCIE"rIES,

 ISANCALOREQSSO O18.

' -- ARCANIJT PROCESSING AND SALES

* CO;;0PERATIVE SOCIETY LTD,
SACAR;
SHIIVEOGA DISTRICT,
"BY? ITS SECRETARY.

" : RESPONDENTS

” ‘Sm.R.V.JAYAPRAKASH, ADV. FOR R2)

:2′
3,

THIS WRIT PETITION FILED PRAYING TO QUASH
THE IMPUGNED AWARD PASSED BY THE R1 DTD 24.01.01
IN DISPUTE NO.JRB/DIS/426/1990431. VIDE TuANuNEX~A
AND THE ORDER PASSED BY THE K2-\RNATAKA

APPELLATTE TRIBUNAL IN APPEAL NO.24¢§,l_7’200*}..,__

20.02.09 VIDE ANNEX–F TO THE W.P.

THIS PETITION COMING .ON-.?fO1f§

DAY, THE COURT MADE THE FOLLOWING; ”

0ePPP

The petitioner.’ hast——«’Vfiied’-»..pAthis”wri.ti§ petition
challenging the orfiieifdatégiit 302001 in Dispute
No.GRB.B.}_D_ISt{£i?,6/ the Assistant
Registrar; Shimoga Sub-

at AnneXure–A and the
Ordervvtitiatetd’ passed by the Karnataka

Appeliate ;I”1*ihaunha1 p’roauced at Annexure-F.

‘v2Q”T11e”iearned counsel for the petitioner submits

had obtained loan of Rs.8 lakhs from the

2nd respondent. Since the same has not been repaid

“0 flfiif’i«ifl the time stipulated, the Second respondent raised

dispute before the Assistant Registrar of Cooperative

it

1.

Societies u/s 70 of the Karnataka Cooperative Societies

Act. The same came to be allowed by S

directing the petitioner to pay Rs.8,93,

interest at 18%. Being aggrieved;.’petitiori.erVV ‘ S.

preferred appeal before

Tribunal in Appeal v_vhi.ch; to be»

rejected by the order dated.”p_:iZO;2..2009’.”‘i. Hence the

present Writ petiton. ‘M

3. contends
that by the Karnataka
Appeilate -setting aside the order passed
by the of Cooperative Societies.

after «remand, the first respondent has not

‘Vaffordved~i ;’op’portunity to the petitioner and his

‘s.L.ibrnissio’1i..that the amount paid by him on different

occasions running to several lakhs has not been taken

A 5 by the second respondent. He has produced some

réeceipts Annexures~B to D to show that he has paid

ii

i

substantial amount. He has also produced bill for

having paid Rs.9 lakhs dated 30.11.1994 andxdaniother

bili for Rs} Iakh dated 4.3.1995. But.m’theéég’e-..é

payments have not been co_ns.idered’V

Hence the petitioner has prayed

passed by the first respondefnt_pand” a1__so.by.:th.e'”appe11ate’ 9′

Tribunal.

4. The learnedCouxfiseiior submits that
as per the?_: the Karnataka
Appeliatei 1995 notices have
beenhissuedvd»Vtci:’:-theL4pe.ti’t–ioner by the A R CS but the
same claimed. Therefore, the ARCS

‘th€=..__sa-me in the order sheet and held that

‘ service'”isf.sufficient. Notwithstanding the same, one

“more not’i.ce..5’was issued on 29.6.1999. The same was

served on’ the petitioner and in response. he engaged an

A adifocate. The learned advocate made a request for

1 adjournment to file objections. Accordingly on several

.41.;

2

dates, adjournments were made abut no statement of

objections has been filed. On subsequent da;tes,_:’db_oth

the petitioner and his counsel remained

Hence the case Was posted for .evidence’.'””T’

ARCS by the order dated 24f.;.2dpoA1d’

dispute. Even before th._e”‘-appeliatea “jsameddv

contention of not an opportlniity was
advanced. The came to the
conclusion .vt}.1:at_ the given fullest
opportunity ‘
for the respondent submits
that ” has paid amount as per

Anr_texvu1″es~B’ he could have produced the same

‘ But no such effort has been made

before V Even in the appeal before the

Karnatdaeka Appellate Tribunal such a material was not

A “it produced. Even assuming that he has paid the alleged

” amounts, the same can be sorted out in the execution.

Hence the learned counsel for the second respondent

submits to dismiss the writ petition.

6. On the basis of the contention

petition and also the submission made ..behaIf-it,ofv:.th-he

respondent,” I have gone throughdithe

the writ petition. As per it that the
case of the petitioneiidrizasidcoaijisideried’on remand to the
first responden-tvxwho”iiitiirnthe matter to the
ARCS for of the Karnataka
been referred at para
No.3i7that’ the petitioner had returned
with shara _ Thereafter on several

occiasioiis, the ‘matter was adjourned in order to provide

‘ the petitioner but except engaging a

not participated in the proceedings by

filing objections and also appearing in the case. Hence

A the”_.A R C S recorded the evidence, perused the

documents and the file maintained by the respondent

at

3.

bank and thereafter an order has been passed in favour

of the Bank for recovery of the amount.

7. In the appeal before the KAT, hé«s i

taken a ground of non “of it

natural justice. The appeilate ‘4[A’ri.b’una1 consi;de1’ed’a.

in detail the contention of tfijvihijiletianswering
Point No.2 framed respect of
the eontentionof paid Rs. 10
lakhs, by the appellate
tribunal any receipt or
document lakhs has been remitted
towardstttkipe If the petitioner has remitted

theignroprrey as Aiaiieged, he could have appeared before the

‘ evidence to that effect”.

‘Therefore, the contention of the petitioner that

has.’ paid amount has been disbelieved by the

“”..VA.’ppeHate Tribunal. Under these circumstances, the

petitioner has not made out any good ground to

interfere with the impugned orders.

9. Notwithstanding the observati’ensv,ip’_e’V.if [tide V’

petitioner has paid the amouritiiiofi’Rs.”l_O-I

Annexures—-B 8: C, it is always ovpentfor hing

same at the time of eXeei”1t.ion, which’etiiieztexecuting
Court shall considerin-acoofdariee lawn

With this observation, petition’-is disposed of.

The learned’ Go_ve’rIif:nei’it:VI51eader is permitted to
file memo it

Sd/2*
Iudsfi