IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.36592/2018(CS-RES) BETWEEN SRI J C SHETTY AGED ABOUT 55 YEARS, S/O C.D.SHETTY, "VIJAYASHRI", DEVINAGAR, PARKALA, UDUPI TALUK, DIST-576103. PRESENTLY RESIDING AT BOBRAWADA, POST ANKOLA, KARWAR DISTRICT- 576103. ... PETITIONER (BY SRI NATARAJ BALLAL, ADVOCATE) AND 1. EX-SERVICEMEN’S MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., VEERABHAVAN, JAI JAWAN ROAD, ADI-UDUPI, UDUPI-576103, REP. BY ITS C.E.O.
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION, MYSORE-570005. ... RESPONDENTS (BY SRI A.K.VASANTH, GOVERNMENT ADVOCATE FOR R2, R1 IS SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DTD 13.01.2017 IN APPEAL NO.666/2011 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AND ALSO THE AWARD DATED 11.4.2011 PASSED BY THE 2ND RESPONDENT IN DISPUTE VIDE ANNEXURES-A AND B.
THIS WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner files a memo seeking permission to withdraw the writ petition.
The memo is taken on record. Accordingly, the writ petition is dismissed as withdrawn.
The original file received by Byndoor Police Station, Kundapur Sub-Division, Udupi District is ordered to be sent back.
Sd/- JUDGE TL P.T.O.
SNSJ:
31.08.2019 WP.NO.36592/2018 CHAMBER ORDER On 20.6.2019, an order was passed directing the learned AGA to secure and produce original file with reference to Crime No.103/2009, registered with Byndoor Police Station. Pursuant to that, the said record was produced which is attested copy of the entire file in Crime No.103/2009 as could be seen from the memo of the learned AGA dated 4.7.2019. However, by oversight the order sheet which was prepared on that day would indicate that the memo along with original file with reference to Crime No.103/2009 of Byndoor Police Station is filed. Hence, order dated 04.07.2019 is required to be corrected as under:
“Learned AGA files a memo along with certified copy of original file with reference to Crime No.103/2009 of Byndoor Police Station.”
Accordingly, the order sheet dated 4.7.2019 is corrected.
Further, it is seen that pursuant to order sheet dated 4.7.2019, further error is crept in the final order dated 25.7.2019, where this Court has directed as under:
‘The original file received by Byndoor Police Station, Kundapur Sub-Division, Udupi District is ordered to be sent back.’ In the light of aforesaid recording of the facts, the said order dated 25.7.2019 is hereby recalled.
Sd/- JUDGE TL