IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.No.35527/2018 (CS-RES) BETWEEN:
Sri Palaniswamy.R.
S/o Rangaswamy Naidu, Aged about 69 years, No.20/11, 18th Cross, Malleshwaram, Bengaluru – 560 055. … PETITIONER (By Sri Gaurav.G.K., Adv.) AND:
1. The State of Karnataka, Represented by its Secretary, Department of Co-operation, Room No.610, 6th Floor, Gate No.3, Multi Storeyed Building, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Registrar of Co-operative Societies, No.1, Ali Askar Road, Bengaluru – 560 052.
3. Deputy Registrar of Co-operative Societies, Fourth Circle, Bengaluru District, No.146, Sahakara Soudha, 3rd Main Road, 8th Cross, Margosa Road, Malleshwaram, Bangalore – 560 003.
4. Assistant Registrar of Co-operative Societies and Recovery Officer (Under R.441 of KCSR), Karnataka State Co-operative Urban Banks Federation, No.132, K.H.Road, Bengaluru – 560 037.
5. The Sale Officer, Janatha Seva Co-operative Bank, No.14, Rajatha Bhavana, 1st Main Road, Hampi Nagar, Vijayanagar, Bengaluru – 560 040.
6. Janatha Seva Co-operative Bank, Represented by its Chief Executive Officer, No.14, Rajatha Bhavana, 1st Main Road, Hampi Nagar, Vijayanagar, Bengaluru – 560 040. … RESPONDENTS (By Sri A.K.Vasanth, AGA for R-1 to R-4; Sri K.N.Puttegowda, Adv. for R-6;
R-5 served) This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the demand notice dated 21.11.2017 issued in pursuance of the award dated 28.06.2017 vide Annexure-H in as much as the entrustment of the execution of the award dated 28.06.2017 vide Annexure-H to respondent no.5 produced at Annexure-A.
This petition coming on for Orders, this day, the Court made the following:
ORDER 1. The petitioner herein is the borrower from respondent no.6 – Janatha Seva Co-operative Bank, wherein it is stated that he is due to the said bank in a sum of Rs.4,51,13,301/- as on today.
2. The records would indicate that the dispute was raised before the Joint Registrar of Co-operative Societies under Section 70 of the Karnataka Co-operative Societies Act, 1959, and an award was passed on 28.06.2017. The said award was the subject matter of appeal before the Karnataka Appellate Tribunal in Appeal No.285/2017 which came to be dismissed on 09.04.2018. Thereafter, this writ petition is filed challenging the appointment of sale officer for conducting the auction sale of the property which was subjected to charge in the loan transaction.
3. It is seen that in the dispute raised before the Joint Registrar, petitioner has not made out any ground to deny his liability to the amount claimed in the said proceedings. After having suffered an award, it is seen that the said award was the subject matter of challenge before the Karnataka Appellate Tribunal, wherein the award passed by the Joint Registrar was stayed subject to deposit of 25% of the award amount, which is not complied by the petitioner. Accordingly, the appeal was dismissed for default, but not on merits by the Karnataka Appellate Tribunal. The said order of default has not been challenged and the same is accepted by the petitioner. Now the petitioner has chosen to take a deviated route in trying to pick hole in the manner in which the property is dealt for auction, by filing this writ petition.
4. This matter had come up on 29.08.2018 for consideration of interim prayer. On the said date, a conditional order was passed staying the demand notice, subject to condition that petitioner deposits 25% of the amount mentioned in the demand notice, within a period of two weeks. It is clear from the records that the petitioner has not deposited the said 25% of amount before this Court.
5. In that view of the matter, this writ petition does not survive for consideration. Accordingly, the same is dismissed.
6. Since the writ petition itself is dismissed, IA-1/2018 does not survive for consideration and accordingly the same is disposed of.
Sd/- JUDGE KK