IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NO.8162/2019 (CS-RES) BETWEEN:
HOLEYAPPA C NAYAK S/O ANE CHANNABASAPPA, AGED ABOUT 62 YEARS, R/AT NO. 389/70 RAMAIYNAGAR ROAD, V.V.PURAM, BANGALORE-560004.
ALSO AT:
NO.231, 1ST CROSS, 1ST MAIN, B BLOCLK, KANAKSHRI LAYOUT, BYRATHI, KOTHANUR POST, BANGALORE-560077.
(BY SRI VENKATESHWARA, ADVOCATE FOR SRI G. A. ANTHONY CRUZ, ADVOCATE) AND:
... PETITIONER 1. THE KARNATAKA APPELLATE TRIBUNAL KAT 2ND FLOOR, M.S.BUILDING, BANGALORE-560001.
BY ITS SECRETARY/REGISTRAR.
2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF CO-OPERATION 6TH FLOOR, M.S.BUILDING, BENGALURU-560001.
3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCITIES, (R.441) KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., CHAMRAJPET, BENGALURU-560018.
4. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., O/O.THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, (R.441) KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., CHAMARJPET, BENGALURU-560018.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
... RESPONDENTS (BY SRI A. K. VASANTH, GA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS PENDING ON THE FILE OF THE R-2 PERTAINING TO THE IMPUGNED ENDORSEMENT DTD 15.03.2018 AND ALSO THE RELEVANT RECORDS PENDING ON THE FILE OF THE LEARNED ADDL. REGISTRAR OF C- OPERATIVE SOCIETIES U/R 441-R-3 THE OFFICIAL ARBITRATOR IN DISPUTE DTD 06.10.2017, QUASH THE IMPUGNED ENDORSEMENT ISSUED BY R-2 DTD 15.03.2018 VIDE ANNX-C AND ALSO THE IMPUGNED AWARD AND DECREE PASSED BY THE R-3 IN DISPUSTE DTD 06.10.2017 VIDE ANNX- AND ALSO QUASH THE IMPUGNED ORDER PASSED BY THE KAT R-1 VIDE DTD 10.01.2019 ON IA NO.3 IN APPEAL NO.309/2017 VIDE ANNX-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner.
2. Admittedly, the petitioner herein is appellant in Appeal No.309/2017 on the file of respondent No.1- KAT. The said appeal was filed by him impugning the order dated 06.10.2017 passed in proceedings initiated under Section 441 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Act’ for brevity) by respondent No.3, the Official Arbitrator in Dispute No.RCS/CRD/KME-8/399/2012-13. The said proceeding was disposed of by order dated 06.10.2017 in holding that the petitioner herein is responsible to pay Rs.18,00,000/- along with 10.25% interest and 2% overdue interest on principal of Rs.18,00,000/- with effect from 21.04.2010 up to the date of realization of full sum. The same was subject-matter of challenge before the respondent No.1 in Appeal No.309/2017 where an application was filed by the petitioner in I.A.No.3 under Section 151 of Code of Civil Procedure, 1908, in which he would seek dispensation of deposit of 25% of the award amount as it is required to be deposited under Section 105 of the Act. The said application is rejected by respondent No.1 – KAT by its order dated 10.01.2019, which is sought to be challenged in this proceeding.
3. Heard the learned counsel for the petitioner.
Perused the order impugned i.e., order on I.A.No.3 in Appeal No.309/2017 passed by respondent No.1.
4. On going through the said order, it is clearly seen that deposit of 25% of award amount is statutory requirement before filing the appeal. The 1st respondent-KAT has no discretion to waive payment of such deposit. In that view of the matter, the application which is filed in I.A.No.3 is rejected by the KAT. On going through the reasons assigned for rejection of the application in I.A.No.3, the same appears to be just and proper. Therefore, question of interfering with the same does not arise. Accordingly this writ petition is dismissed.
Sd/- Judge RD