IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NOS.2490-2491 OF 2019 (S-RES) BETWEEN:
1. RAILWAY COOPERATIVE BANK LIMITED SESHADRI IYER ROAD MYSORE - 570 021 NOW REPRESENTED BY ITS GENERAL MANAGER SRI S.J. NARAYANA AGED 29 YEARS 2. RAILWAY COOPERATIVE BANK LIMITED SESHADRI IYER ROAD MYSORE – 570 021 REPRESENTED BY ITS PRESIDENT SRI M.B. MANJE GOWDA AGED 44 YEARS (BY SHRI SOMASHEKAR, ADVOCATE) AND:
1. SMT H. PADMAVATHI W/O SRI K. PUTTASWAMY 163, 1ST FLOOR, 1ST MAIN ROAD JAYALAKSHMIPURAM MYSORE – 570 012 2. THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES ARBITRATION CELL KARNATAKA STATE COOPERATIVE ... APPELLANTS URBAN BANK FEDERATION LIMITED 132, 2ND FLOOR, K.H. ROAD BANGALORE – 560 027 (BY SHRI I. THARANATH POOJARY, AGA) ---
... RESPONDENTS THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 04/06/2019 IN W.P.NOS.59442-59443/2016 AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellants.
2. The first appellant is Railway Co-operative Bank Limited.
Even the second appellant is Railway Co-operative Bank Limited. The first appellant is shown represented by the General Manager and the second appellant is shown represented by the President.
3. Before the Joint Registrar of Co-operative Societies, the first respondent filed a dispute in which the Railway Co-operative Bank Limited is the first respondent and the President of the Railway Co-operative Bank Limited is the second respondent. A prayer was made for deleting the name of the President on the ground that he has merely signed the dismissal order. That prayer was rejected and therefore, the writ petitions were filed before the learned Single Judge.
4. In the dispute, the Co-operative Bank and the President have been separately impleaded as respondents. From the cause title of the writ petitions, it appears that the both the petitioners are Railway Co-operative Bank Limited. Apart from the fact that the learned Single Judge has passed a discretionary order in the writ petitions confirming the interlocutory order of the Registrar of refusing to delete the name of the President, importantly, the President has not chosen to file the petition. Hence, there is no ground to interfere with the impugned order and the appeals are accordingly dismissed.
The pending interlocutory applications do not survive for consideration and are disposed of.
Sd/- CHIEF JUSTICE AHB Sd/- JUDGE