IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.7889 OF 2017(CS-RES) C/W WRIT PETITION NO.7890 OF 2017(CS-RES) WP.NO.7889/2017:
BETWEEN:
THE JANATHA CO-OPERATIVE BANK LIMITED., 8TH MAIN, 17TH CROSS, MALLESWARAM, BENGALURU – 560 055 REPRESENTED BY ITS GENERAL MANGER-IN-CHARGE. ... PETITIONER (BY SRI JAYAKUMAR S.PATIL, SR.COUNSEL FOR SRI S.K.SAILESH, ADVOCATE) AND:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, ATTACHED TO THE OFFICE OF THE REGISTRAR OF CO-OP SOCIETIES, CHAMARAJPET, BENGALURU – 560 018.
2. SRI S.V.BASAVARAJAPPA ENQUIRY OFFICER AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU NORTH RANGE, BENGALURU – 560 022.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU – 560 001. ... RESPONDENTS (BY SMT.SHWETA KRISHNAPPA, HCGP FOR R1 & R3) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R3 AT ANNEXURE-A DATED 10.2.2017 IN APPEAL NO.1/4/2015-2016; QUASH THE APPEAL PASSED BY R1 AT ANNEXURE-B DATED 7.8.2015.
WP.NO.7890/2017: BETWEEN:
1. SRI L GANGADHAR S/O LINGAIAH, AGED ABOUT 46 YEARS, VICE-PRESIDENT, NO.3761 (NEW NO.4), 4TH ‘A’ MAIN ROAD, GAYATHRINAGAR, BENGALURU – 560 021.
2. SRI C L MARIGOWDA S/O LATE C.H.LINGEGOWDA, AGED ABOUT 69 YEARS, NO.3, ANJANEYA TEMPLE ROAD, 1ST CROSS, SESHADRIPURAM, BENGALURU – 560 020.
3. SRI C.G.VIJAYAKUMAR S/O LATE SRI GANGAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.146, OLD NO.38, 17TH CROSS, 13TH MAIN, MALLESWARAM WEST, BENGALURU – 560 055.
4. SRI B.ARAVINDA S/O B.BOREGOWDA, AGED ABOUT 34 YEARS, NO.378, 8TH MAIN, MILK COLONY, MALLESWARAM BENGALURU – 560 055.
5. SRI RUDREGOWDA S/O LATE SRI KAPANIGOWDA, AGED ABOUT 55 YEARS, RESIDING AT NO.2356, ‘JANANI’, 9TH MAIN, ‘E’ BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU – 560 010.
6. SRI K.PUTTASWAMY S/O LATE CHIKKAIDEGOWDA, AGED ABOUT 83 YEARS, NO.304, ANNAPOORNA, 4TH CROSS, 4TH MAIN ROAD, VYALIKAVAL, HBCS, CHANDRA LAYOUT, BENGALURU - 560 040.
7. SRI M.JAYARAMEGOWDA S/O LATE MAYANNAGOWDA AGED ABOUT 76 YEARS NO.1205/17, SRI MARUTHI NILAYA 6TH MAIN, 4TH CROSS, LN COLONY, YESHWANTHPURA, BENGALURU – 560 022.
8. SRI M.S.VIJAYASARATHY S/O LATE SRI SHIVANANJAPPA, AGED ABOUT 44 YEARS ’GIRIYAMMA’, NO.405, 2ND STAGE, 7TH MAIN ‘A’ BLOCK, MALLESWARAM WEST BENGALURU – 560 055.
9. SRI B.H.NARASIMHAIAH S/O LATE SRI HOOLAIAH AGED ABOUT 68 YEARS NO.205/22/4, 14TH MAIN, ’A’ DIVISION, SUBRAMANYANAGARA, SRI RAMAPURA POST, BENGALURU – 560 021.
10. SRI I NARAYANAREDDY S/O LATE SRI IYYAPPA REDDY AGED ABOUT 71 YEARS NO.23/1,5TH CROSS, 2ND MAIN ROAD, LN COLONY, YESHWANTHAPURA BENGALURU – 560 022.
11. SRI T GOVINDA S/O LATE SRI THIMMAIAH, AGED ABOUT 55 YEARS, NO.293, 9TH MAIN ROAD 2ND STAGE, MILK COLONY RAJAJINAGAR, BENGALURU - 560 055.
12. SRI A GOVINDA S/O LATE SRI AYODHASHETTY, AGED ABOUT 67 YEARS, NO.1294, 7TH MAIN, 2ND STAGE, RAJAJINAGAR BENGALURU – 560 010.
13. SRI P.S.RAMESH S/O LATE SRI PUTTASHANKARAPPA, AGED ABOUT 50 YEARS, NO.2546, 1ST MAIN, ‘E’ BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU – 560 010.
14. SRI CHIKKANNAGOWDA S/O LATE SRI KEMPAIAH AGED ABOUT 69 YEARS NO.823, 5TH MAIN ROAD, 15TH CROSS, ‘D’ GROUP, EMPLOYEES LAYOUT, SRIGANDHAKAVAL, NAGARABHAVI, BENGALURU – 560 091.
15. SRI A KALAPPA S/O SRI ARASAPPA AGED ABOUT 85 YEARS ’SHANTALA’, NO.50, 10TH CROSS, WCR, 2ND STAGE, MAHALAKSHMIPURA, BENGALURU – 560 086.
16. SMT C.G.JAYALAKSHMI W/O SRI D.G.VASUDEV, AGED ABOUT 51 YEARS NO.9, 2ND CROSS, 2ND STAGE, SRIRAMANILAYA, KIRLOSKAR LAYOUT BASAVESHWARANAGAR BENGALURU – 560 079.
17. SMT S N LATHA W/O SRI GOVINDAIAH AGED ABOUT 48 YEARS NO.1122, 9TH CROSS, ADARSHA LAYOUT, BASAVESHWARANAGAR, BENGALURU – 560 079.
18. SRI D DEVARAJ S/O LATE SRI DEVAPPA, AGED ABOUT 55 YEARS, FLAT NO.202, PARIJAT APARTMENT, NO.46/1, FAIRFIELD LAYOUT, RACE COURSE ROAD, BENGALURU – 560 001.
19. SRI C A KRISHNA MURTHY S/O LATE SRI C K AYYAMANI AGED ABOUT 71 YEARS NO.51, 11TH MAIN, 16TH CROSS MALLESWARAM BENGALURU – 560 055. ... PETITIONERS (BY SRI JAYAKUMAR S.PATIL, SR.COUNSEL FOR SRI SAILESH S.K., ADVOCATE) AND:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, ATTACHED TO THE OFFICE OF THE REGISTRAR OF CO-OP SOCIETIES, CHAMARAJPET, BENGALURU – 560 018.
2. SRI S.V.BASAVARAJAPPA ENQUIRY OFFICER AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU NORTH RANGE, BENGALURU – 560 022.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU – 560 001. ... RESPONDENTS (BY SMT.SHWETA KRISHNAPPA, HCGP FOR R1 & R3) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R3 AT ANNEXURE-A DATED 10.2.2017. QUASH THE APPEAL PASSED BY R1 AT ANNEXURE-B DATED 7.8.2015.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned Government Advocate takes notice for respondent Nos.1 and 3, in both writ petitions. He is permitted to file his memo of appearance within a period of four weeks.
2. Writ Petition No.7889/2017 is filed by the Bank and Writ Petition No.7890/2017 is filed by the members of the Board.
3. The plea of the petitioners is that aggrieved by the order passed by the first respondent, an appeal was filed before the third respondent. The matter was being contested. By an order dated 30.12.2016, it was noted that the appellants were absent and hence the case was posted for orders on merits. Immediately, thereafter an application dated 03.01.2017 was filed on 04.01.2017, to recall the order dated 30.12.2016, posting the appeal for orders. It was narrated in the Affidavit that the brother of the counsel was ailing from liver disease and was admitted in Manipal Hospital and since he had to attend on him, he was unable to appear on the date of hearing. Hence, he sought for another date. Thereafter, by the impunged order dated 10.02.2017, vide Annexure-A, the appeal was rejected. Hence, the present petitions.
4. The learned counsel for the petitioner submits that notwithstanding the merits of the petitions, a reasonable opportunity should have been given to the appellants to put-forth their case. That there was a genuine problem for the counsel to appear on the date of hearing, as his brother was suffering from a fatal disease and was in hospital. Even otherwise, an application was filed before the appellate authorities on 4.1.2017.
5. I have considered the Affidavit filed in support of the application to recall the order dated 30.12.2016. The reasons assigned is that the brother of the counsel was ailing from a fatal disease. Therefore, he could not be present on 30.12.2016. Without further delay, he has even made the said application to recall the order. The reason assigned in the affidavit is bonafide. There is no suspicion involved in the facts narrated by the counsel. Therefore, it is only necessary to post the matter on a date to hear the counsel.
6. Furthermore, what was pending before the appellate authority was an appeal. An appeal requires to be considered on the facts involved and the contentions of the counsel. There was no urgency that was forthcoming in hurrying through the proceedings, for it is the duty of the authority to reappreciate the material on record and thereafter pass appropriate orders.
7. For the aforesaid reasons, it is just and necessary that the petitioners be heard on merits and thereafter appropriate orders be passed. Consequently, the writ petitions are disposed off. The impugned order dated 10.02.2017, vide Annexure-A, passed by the third respondent is set-aside. The matter is remanded to the third respondent for a fresh consideration in accordance with law.
8. The petitioners to appear before the appellate authority on 15.03.2017, without further notice. On appearance, the appellate authority to consider the appeal on merits and pass appropriate orders in accordance with law.
SD/- JUDGE JJ