IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.23214/2016 (CS-RES) BETWEEN DEEPAK SAHAKARI BANK LTD., # 1703, II BLOCK, 28TH CROSS, RAJAJINAGAR, BENGALURU-560010 REP BY ITS CHIEF EXECUTIVE OFFICER. ... PETITIONER (By Sri G.F.HUNASIKATTIMATH, ADV.) AND 1. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (U/R 441) (ARBITRATION COURT) KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION LTD., NO.132, 2ND FLOOR, K.H.ROAD BENGALURU-560 027.
2. SMT. GANGADEVI G.R.
W/O JAYARAMU #123, 4TH CROSS ESWARINAGAR, BSK III STAGE, HOSAKEREHALLI, BANGALORE-560085 3. SRI. JAYARAMU S/O RAMANNA GOWDA #123, 4TH CROSS ESWARINAGAR, BSK III STAGE, HOSAKEREHALLI, BANGALORE-560085 4. SRI SHIVASHANKAR M S/O LATE M.G.MUNIYAPPA #25/17, OPP. GANESHA PARK, GAVIPURA, HANUMANTHANAGAR POST BANGALORE-560019 5. SRI.RAJENDRA V KULKARNI S/O VASANTH KULKARINI AGED ABOUT 56 YEARS, BRANCH MANAGER VIDYARANYAPURA BRANCH (DISMISSED) RESIDING AT NO.27, 11TH MAIN SHIVANAGARA, RAJAJINAGAR BENGALURU-560010 6. SRI ARUNKUMAR G KINHAL S/O GURURAJ RAO SENIOR ASSISTANT (RESIGNED) DEEPAK SAHAKARI BANK LTD VIDYARANYAPURA BRANCH #579/48/1, 52ND CROSS, NAR SBH III BLOCK, RAJAJINAGAR BENGALURU-560010 7. SMT. BHAVANI S., W/O JAYASHEELAN ASSISTANT ACCOUNTANT, (UNDER SUSPENSION), DEPAK SAHAKARI BANK LTD (H.O.) RESIDINT AT SITE NO.42, KHATA NO.1529/14/2/42 SY NO.14/2, RAJARAJESHWARINAGARA RANGE DODDABIDARAKALLU WARD, WARD NO.40, KARIVOBANAHALLI VILLAGE BENGALURU NORTH TALUK 8. SRI.T.S.KANTHRAJ S/O D CHANDRAIAHSETTY, AGED ABOUT 62 YEARS SENIOR MANAGER (RTD) DEEPAK SAHAKARI BANK LIMITED, HEAD OFFICE #221, 17TH D MAIN, 50TH CROSS, III BLOCK, RAJAJINAGAR, BENGALURU-560010.
9. SRI.JAYATHEERTHA K.TIKOTIKAR S/O LATE K.R.TIKOTIKAR I/C CHIEF EXECUTIVE OFFICER (UNDER SUSPENSION) DEEPAK SAHAKARI BANK LTD., RESIDING AT #230/B, 55TH CROSS, III BLOCK, RAJAJINAGAR, BENGALURU-560010. ... RESPONDENTS (By Sri M.A.SUBRAMANI, HCGP FOR R1; R2, R5- SERVED, UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD 29.12.2015 VIDE ANNX-A AND DTD 21.01.2016 VIDE ANNX-A1 PASSED BY THE R-1- ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, AS ILLEGAL, PERVERSE, VERXATIOUS, UNSUSTAINABLE IN LAW, AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. In this writ petition, petitioner is challenging the endorsements dated 29.12.2015 and 21.01.2016 – Annexures-A & A1, respectively, issued by respondent no.1 – Additional Registrar of Co-operative Societies, thereby calling upon the petitioner to produce certain documents so as to enable him to proceed further with the petition filed by the petitioner under Section 70 of the Karnataka Co-operative Societies Act, 1959.
2. Learned Government Pleader on instructions from respondent no.1 submits and indeed has filed a memo stating that after filing of this writ petition, respondent no.1 has already taken up the proceedings and has issued notice to the respondents before him, and hence, the relief sought in this writ petition does not survive for consideration.
3. As respondent no.1 has issued notice to the respondents and has not insisted that petitioner shall produce the documents as stated in Annexures-A & A1, the grievance made by the petitioner does not survive for consideration.
4. Hence, writ petition is disposed of as having become unnecessary. It is open for the petitioner to appear, lead evidence and establish his case before respondent no.1.
Sd/- JUDGE KK