IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL WRIT PETITION No.23216 OF 2016 (CS-RES) BETWEEN:
Deepak Sahakari Bank Ltd.
# No.1703, II Block, 28th Cross, Rajajinagar, Bengaluru – 560 010, Represented by its Chief Executive Officer. .. Petitioner (By Sri.G.F.Hunasikattimath, Advocate) 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.Mala Sampath, Aged 57 years, W/o.Sampathkumaran M.K.
# Flat No.431, Embassy Heritage Apts. 62/1, 8th Main, Malleshwaram, Bangalore – 560 003.
3. Sri Sampathkumaran M.K. Aged 71 years, # Flat No.431, Embassy Heritage Apts. 62/1, 8th Main, Malleshwaram, Bangalore – 560 003.
4. Sri Ranjith K.R. Aged 39 years, S/o.Rajappan Pillai, #174/F, B.N.C.Railway Qtrs. Vasanthnagar, Shivajinagar, Bangalore – 560 052.
5. Sri Rajendra V.Kulkarni, S/o.Vasanth Kulkarni, Aged about 56 years, Branch Manager, Vidyaranyapura Branch, (Dismissed), residing at No.27, 11th Main, Shivanagara, Rajajinagara, Bengaluru - 560 010.
6. Sri Arunkumar G.Kinhal, Aged 54 years, S/o.Gururaj Rao, Senior Assistant (Resigned) Deepak Sahakari Bank Ltd. Vidyaranyapura Branch, #579/48/1, 52nd Cross, Near SBH, III Block, Rajajinagar, Bengaluru – 560 010.
7. Smt.Bhavani S.
Age: 46 years, W/o.Jayasheelan, Assistant Accountant (under suspension) Deepak Sahakari Bank Ltd. (H.O.) Residing 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, Bangalore – 560 073.
8. Sri T.S.Kanthraj, Aged 62 years, S/o.D.Chandraiah Setty, Senior Manager (Rtd.) Deepak Sahakrai Bank Ltd. (H.O.) # 221, 17th D Main, 50th Cross, III Block, Rajajinagar, Bengaluru – 560 010.
9. Sri Jayatheertha K.Tikotikar, Aged about 52 years, 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 – 560 010. .. Respondents (By Sri.M.A.Subramani, GP for R1: R5 to R8 served and unrepresented) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned endorsement dated 29.12.2015 (Annexure-A) and dated 21.1.2016 (Annexure-A1) passed by the R1 Additional Registrar of Co-operative Societies as illegal, perverse, vexatious unsustainable in law and etc., This writ petition, coming on for orders, this day, the Court made the following:
ORDER 1. Sri M.A.Subramani, learned Government Pleader is directed to take notice for the respondent No.1. He is permitted to file memo of appearance within four weeks.
2. 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.
3. 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.
4. As respondent no.1 has issued notice to the respondents and has not insisted to produce the documents as stated in Annexures-A & A1, the grievance made by the petitioner does not survive for consideration.
5. 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 cm