IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.48806/2018(GM-CF) BETWEEN:
M/S. SAFE REPTD. BY ITS PROPRIETOR, S. NARMADA, AGED ABOUT 50 YEARS W/O DR. T. N. CHANDRAKANTH, R/AT NO 13, ‘SAICHANDANA’, 1ST CROSS, ESHWARI LAYOUT, LBS NAGAR, INDIRANAGAR II STAGE, BENGALURU – 560038.
...PETITIONER (BY SRI M. V. CHANDRASHEKARA REDDY, ADVOCATE) AND:
1 . SECRETARY TO GOVERNMENT COOPERATION DEPARTMENT, KARNATAKA GOVERNMENT SECERTARIAT M. S. BUILDINGS, BENGALURU - 560001 2 . THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES AND CHIT FUNDS, SAHAKARA BHAVANA MARGOSA ROAD, MALLESHWARAM, BENGALURU – 560003.
3 . M/S SURABHI CHITS LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, NO 5, 1ST FLOOR, GAJENDRA TOWERS, 11TH MAIN, IV BLOCK, JAYANAGAR BENGALURU – 560011.
…RESPONDENTS (BY SRI SRIDHAR N. HEGDE, HCGP FOR R1 & R2;
SRI S.S. SRINIVASA RAO & YESHU MISHRA, ADVOCATES FOR R3) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.10.2018 AS PER ANNEXURE-P IN DISMISSING THE APPLICATION OF THE PETITIONER SEEKING CLUBBING OF APPEALS AND CONSEQUENTLY DIRECT THE RESPONDENT NO.2 TO HEAR THE PETITION AND TO DECIDE THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF CPC SEEKING CLUBBING OF APPEALS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner in the above writ petition has sought for writ of certiorari to quash the order dated 16.10.2018 as per Annexure-P dismissing the application filed by the petitioner for clubbing the Appeal Nos.48 and 49/2018 along with the Appeal No.38/2017 c/w Appeal Nos.39 to 54/2017 before the Regional Chit Joint Registrar, Bengaluru.
2. Sri Yeshu Mishra, learned counsel appearing for the Respondent No.3 – Surabhi Chits fairly and rightly submits that Respondent No.3 has no objection for the Regional Chit Joint Registrar, Bengaluru to allow the application filed by the petitioner dated 7.8.2018 for clubbing of the appeals.
3. The said submission is placed on record.
4. In view of the fair submissions made by the learned counsel for the Respondent N0.3, without adverting to the other aspects, it is suffice to dispose off the present Writ Petition quashing the impugned order passed by the 2nd respondent dismissing the application filed by the petitioner for clubbing of the appeals.
5. Accordingly, the impugned order dated 16.10.2018 as per Annexure-P is hereby quashed. I.A. filed by the petitioner under Section 151 of the Code of Civil Procedure to club the Appeal Nos.48 and 49/2018 along with the Appeal No.38/2017 c/w Appeal Nos.39 to 54/2017 before the Regional Chit Joint Registrar is allowed. The Regional Chit Joint Registrar, Bengaluru is directed to decide the appeals on merits in accordance with law.
Accordingly, the writ petition is disposed off.
Sd/-
JUDGE Gss/-