IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.386 OF 2012 (CS-RES) BETWEEN:
AMANATH CO-OPERATIVE BANK LIMITED AMANATH HOUSE NO.43, HOSPITAL ROAD SHIVAJINAGAR BENGALURU – 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
(BY SRI: K.S.KALLESHAPPA, ADVOCATE) ... APPELLANT AND:
1. THE REGISTRAR OF CO-OP SOCIETIES (URBAN BANKS) NO.1, ALI ASKAR ROAD BENGALURU – 560 052.
2. THE JOINT REGISTRAR OF CO-OP SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU – 560 052.
3. SHRI K. P. APPANNA JRCS (RETD) AND THE INQUIRY OFFICER NO.99, NAJAPPA LAYOUT VIDYARANYAPURA BENGALURU.
4. SHRI S. S. PEERAN SON OF S. M. PEERAN AGED ABOUT 58 YEARS NO.22, ALBERT ROAD CROSS BEHIND BANK OF INDIA BENGALURU – 560 025.
... RESPONDENTS (BY SMT: SHWETA KRISHNAPPA, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.1736 OF 2011 (CS-RES) DATED 04.11.2011 AND ETC., ***** THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT Sri.K.S.Kalleshappa, learned Counsel appearing for the appellant, has argued the appeal on merits.
2. We have considered the same. In terms of the impugned order of the learned Single Judge, it was noted that subsequent to the instructions, proceedings under Section 69 of the Karnataka Co-operative Societies Act, 1959, is initiated.
3. The order of the learned Single Judge reads as follows:
“Subsequent to the instructions, proceedings under Section 69 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Act’) is initiated. Properties are attached and legal action is being taken.
In view of the same, considering the subsequent developments to proceed under Section 68 of the Act may not be necessary.”
4. Therefore, when the petitions has been disposed off, we fail to understand as to how respondent No.3 before the learned Single Judge could maintain this appeal. Therefore, the writ appeal being devoid of merits is dismissed.
Sd/- Sd/-
JUDGE JUDGE *bgn/-