IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.12659 OF 2018 (CS/RES) Between:
Sri.Fedrick D’Souza, S/o Charlie D’Souza, Aged about 35 years, R/at No.1-107, Adka House, Pajeer Post & Village, Bantwal Taluk, D.K. – 574 153. ... Petitioner (By Smt. D.Kavitha, Advocate by M/s. Ambika, Assts., Advocates – Absent) And:
1. The Under Secretary, Department of Cooperative, Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001.
2. The Registrar of Cooperative Societies, No.1, Ali Askar Road, Bengaluru – 560 052.
3. The Deputy Registrar of Cooperative Society, Mangaluru Sub – Division, Sahakari Mahal, Mission Street, Mangaluru – 575 001.
4. The Asst. Registrar of Cooperative Society & Recovery Officer, Karnataka State Souharda Federal Co-operative Limited, Nirman Bhavan, Dr.Rajkumar Road, 1st Block Rajajinagar, Bengaluru – 560 010.
5. Karnataka State Electrical Contractors Suharda Sahakari Nisarga Chambers, M.G.Road, Kodiyalbail, Mangaluru – 575 003. Represented by The Chief Executive Officer. ... Respondents (By Sri. A.K.Vasanth, Government Advocate for R1 to R4; Sri.K.Shrihari, Advocate for R5) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct to R-4 and R5 to consider the representations dated 14.03.2018 respectively under Annexure – C and etc., This Writ Petition coming on for ‘Orders’ this day, the Court made the following:-
ORDER This writ petition is filed by one of the constituents of respondent No.5-financial institution wherein he had borrowed loan and suffered an award for recovery of sum of Rs.16,01,932/-. The same is the subject matter of challenge in this writ petition.
2. When this matter had come up before this Court on 28.3.2018, a conditional order was passed wherein award under challenge in this writ petition was stayed subject to the condition that the petitioner shall deposit a sum of Rs.8.00 lakh with respondent No.5 within four weeks from the said date.
3. Learned counsel for the respondents submits that the said order is not complied by the petitioner. The order sheet would also disclose that thereafter, when this matter was called twice, there was no representation on behalf of the petitioner. In that view of the matter, this Court has no option but to observe that the order dated 28.3.2018 has not been complied and the interim order that was granted subject to payment of the aforesaid amount is not in force. Therefore, respondent No.5 is at liberty to proceed with pending execution proceedings in accordance with law.
The records which are secured shall be sent to respondent No.4 to continue the execution petition which is filed by respondent No.5.
With such observation, this writ petition stands disposed of.
Sd/- JUDGE Cs/-