IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON'BLE Mr.JUSTICE S.N.SATYANARAYANA REVIEW PETITION NOS.76 OF 2019 AND 86 – 88 OF 2019 IN W.P.Nos.9192/2018 & 9585-9587/2018 BETWEEN SRI SUBRAMANYESHWARA CO-OPERATIVE BANK LTD RAJATHA BHAVAN, NO.106, R.V.ROAD, VISVESWARAPURAM, BENGALURU-560 004 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
... PETITIONER (BY SRI JAYAKUMAR .S. PATIL – SENIOR ADV., FOR SRI NATARAJU .T – ADVOCATE ) AND 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, CO-OPERATION DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BENGALURU-560 052.
3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ELECTION OFFICER, URBAN BANK DIVISION, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560 052.
4. THE CO-OPERATIVE SOCIETY ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGARA, TTMC A BLOCK, SHANTHINAGARA, BENGALURU-560 027 REP. BY ITS COMMISSIONER.
5. UMESH K.T. RETURNING OFFICER, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, ESTABLISHMENT SECTION NO.1, ALI ASKAR ROAD, BENGALURU-560 052.
6. K.S. SHIVARAJ S/O SOMESHWARAPPA, AGED ABOUT 44 YEARS NO.762, 2ND FLOOR, 11TH CROSS, 8TH MAIN, SRIGANDHA KAVAL, D GROUP LAYOUT, BENGALURU-560 091.
7. M. GOPAL S/O LATE MUNISWAMY, AGED ABOUT 59 YEARS NO.4374/D, DATTA KUTIRA, 1ST FLOOR, 13TH MAIN ROAD, SUBRAMANYANAGARA, BENGALURU-0560 021 8. R.ANAND S/O LATE B.N.RAMU, AGED ABOUT 55 YEARS NO.425 H, 5TH CROSS, 9TH E MAIN ROAD, HOSAHALLI, VIJAYANAGARA, BENGALURU-560 040.
9. TANDAVA MURTHY S/O LATE PUTTASWAMACHAR, AGED ABOUT 59 YEARS NO.2320, 9TH MAIN ROAD, E BLOCK, 2ND STAGE, SUBRAMANYANAGARA, BENGALURU-560 010.
... RESPONDENTS THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED:05/02/2019 PASSED IN WP NOS. 9192/2018 AND 9585-9587/2018 (CS-RES) ON THE FILE OF THIS COURT.
THESE REVIEW PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Writ Petition Nos.9192/2018 and 9585- 9587/2018 (CS-RES) were disposed of by order dated 05.02.2019. It is seen that in the said proceedings, the review petitioner who is Respondent No.6 in the proceedings was represented by learned counsel Sri.Nataraju.T. However, Respondent No.6 has chosen to seek review of the very same order by engaging the services of some other counsel who was not the counsel who was appearing for the Respondent No.6 in the said proceedings. The said procedure cannot be entertained unless the review petition is filed by the counsel in whose presence the writ petition was heard and disposed off.
2. Therefore, if the Respondent No.6 has any grievance, it is open for him to seek review of the order engaging the services of the counsel who was appearing for the Respondent No.6 in the said proceedings.
3. With such observations, the Review Petitions are dismissed.
In view of dismissal of review petition, application I.A.No.1/2019 does not survive for consideration and it is accordingly, disposed of.
Sd/- JUDGE bnv*