IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR W.A.Nos.848-851/2019 & 1045/2019 (CS-RES) BETWEEN:
1. SRI ANEES KHAN S/O AMEER JAN, AGED ABOUT 37 YEARS R/O No.32, 3RD CROSS 3RD STAGE, RAILWAY LAYOUT, PILLANNA GARDEN, BANGALORE-560 045.
2. Mrs. MASUDA BEGUM, W/O MOHAMMED SADIQ, AGED ABOUT 43 YEARS, R/O No.1579/1, SALT MANDY, 1ST CROSS, BEHIND WATER TANK, D J HALLI, BANGALORE.
3. SRI SAIFUDDIN KHAN, S/O DASTAGIR KHAN, AGED ABOUT 60 YEARS, R/O No.131, PEER BOUNDRY, COTTONPET MAIN ROAD, BANGALORE-560 053.
4. SRI BAKHASH S/O FAYAZ AHMED, AGED ABOUT 48 YEARS, R/O No.7, PIPELINE ROAD, NEHRU ROAD, GURDAHALLI, BANGALORE-560 026. ... APPELLANTS (BY SRI. K.C.SHANTHAKUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, M S BUILDING, VIDHANA VEEDHI, BANGALORE-560 001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BANGALORE-560 052.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA URBAN BANK CELL, No.1, ALI ASKAR ROAD, BANGALORE-560 052.
4. THE RESERVE BANK OF INDIA CENTRAL OFFICE BUILDING, SHAHID BHAGATH SINGH MARG, MUMBAI-400 001, REPRESENTED BY ITS EXECUTIVE DIRECTOR.
5. THE GENERAL MANAGER, RESERVE BANK OF INDIA, URBAN BANKS DEPARTMENT, NO.10/3/8, NRUPATHUNGA ROAD, BANGALORE-560 001.
6. AMANATH CO-OPERATIVE BANK LTD., (A SCHEDULED BANK) AMANATH HOUSE, NO.43, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 7. CANARA BANK, HEAD OFFICE, N R ROAD, BANGALORE-560 001. REPRESENTED BY ITS GENERAL MANAGER.
8. CENTRAL BUREAU OF INVESTIGATION (BANK FRAUD CELL) BELLARY ROAD, GANGENAHALLI, BANGALORE-560 056.
REPRESENTED BY ITS SUPERINTENDENT OF POLICE.
9. AMANATH BANK MEMBERS WELFARE ASSOCIATION (REGD.) No.2420, NEW No.A1735, HANEEF MASJID, KUSHALNAGAR, REP. BY PRESIDENT MOHAMMED WAJEER BAIG.
10. M/S.VYSHNAVIANAND PROJECTS PVT. LTD., (VPPL) OFFICE AT No.45, 1ST CROSS ROAD, NEHRU NAGAR, BANGALORE. REPRESENTED BY ITS DIRECTOR.
11. RAHAMATHUNISSA, W/O LATE MAHMOOD SHERIFF, AGED ABOUT 70 YEARS, R/O 19/D, UMMERBHAG EXTENSION, J.P.NAGAR, BANGALORE -560 080.
12. MASTHAN SHERIFF, NOORULLA SHERIFF S/O LATE MAHMOOD SHERIFF, AGED ABOUT 47 YEARS, R/O 19/D, UNNERBHAG EXTENSION, J.P.NAGAR, BANGALORE – 80.
... RESPONDENTS (BY SRI. T.L.KIRAN KUMAR, AGA FOR R1, R2 & R3) *** THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 12.02.2018 PASSED BY THE LEARNED SINGLE JUDGE, IN W.P.NOS.45171-45175/2913 AND RESTORE THE SAID WRIT PETITIONS.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:-
JUDGMENT These writ appeals are filed against the order dated 12.02.2018 passed by the learned Single Judge of this Court in W.P.Nos.45171-175/2013, by which, the writ petitions are dismissed for non-prosecution.
2. The learned counsel submits that his submissions recorded in paragraph-3 of the impugned order were made in some background and therefore, they may be expunged and writ petitions may be restored on file in order to enable the petitioners to go on with the matter, or else, the litigants would suffer great injustice. He further submits that he made an application for recalling the order of dismissal before the learned Single Judge but that also came to be dismissed vide order dated 04.02.2018. He submits that petitioners have good case on merits and in view of the disposal of the writ petitions for non-prosecution, the petitioners shall be deprived of their rights and therefore, prays for allowing these writ appeals by setting aside the order passed by the learned Single Judge.
3. We have heard the learned counsel for the appellants and gone through the impugned order passed by the learned single Judge.
4. By orders dated 12.02.2018 and 04.02.2019, the learned Single Judge of this Court has made serious observations. There should be a good co- operation between the bar and bench. It is rightly recorded by the learned Single Judge in para-2 of the order dated 04.02.2019 that the Court would not have taken a rigid stand of rejecting the prayer for recalling the order dated 12.02.2018, but for the manner in which those submissions were made by the learned counsel.
5. However, we are of the opinion that the appellants be given an opportunity of filing one more application. Accordingly, we dispose of this writ appeal by granting liberty to the appellant to file an application and we request the learned Single Judge to consider petitioner’s request to recall the order dated 12.02.2018 sympathetically, as otherwise, the litigants who are not before the Court, would suffer great injustice.
6. With these observations, the writ appeals are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Srl.