IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION Nos.20378-20379/2018 (CS-RES) BETWEEN 1. M/S SUNSMITH TEXTILES INDIA PVT. LTD SY.NO.58, MAJARA-HOSAHALLI, KASABA HOBLI, DODDABALLAPURA, BENGALURU - 561203.
REPRESENTED BY ITS MANAGING DIRECTOR, SMT. SMITHA - SUBRAMANI RAJ.
2. M/S. SAIKRISHNA FASHION TEXTILES PVT. LTD., SY.NO.58, MAJARA HOSAHALLI, KASABA HOBLI, DODDABALLAPURA, BENGALURU - 561203 REPRESENTED BY ITS MANAGING DIRECTOR SRI K.C. SUBRAMANI RAJU 3. SMT. SMITHA SUBRAMANI RAJU W/O. SUDHAKAR KUSABANGERA, AGED ABOUT 35 YEARS, R/AT. NO.3976, 3RD MAIN, 2ND STAGE, BENGALURU - 560070.
... PETITIONERS (BY SRI C V MANJUNATHA, ADV. FOR P1 & P3, SRI BASAVARAJU.P, ADV. FOR P2.) AND 1. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., "UTUNGA", NO.1, PAMPAMAHAKAVI-ROAD, CHAMARAJPET, BENGALURU - 560018. REPRESENTED BY ITS MANAGER 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES U/R 441, ARBITRATION COURT, KARNATAKA STATE APEX-CO-OPERATIVE BANK LTD., "UTUNGA", NO.1, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560018.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BENGALURU - 560018.
4. SRI SUDHAKAR KUSABANGERA S/O. KUSABANGERA, R/AT. NO.3976, 3RD MAIN, 18TH CROSS, BANASHANKARI, 2ND STAGE, BENGALURU - 560070.
... RESPONDENTS (BY SRI.JAYAKUMAR.S.PATIL, SR. COUNSEL FOR SRI D K SRIRAMAPPA, ADV. FOR C/R1, SRI T.S. MAHANTHESH, AGA FOR R2 & R3.
NOTICE TO R4 IS DISPENSED WITH V/O/DT:24.05.2018) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED JUDGMENT DATED 21.02.2018 IN REVISION PETITION NO.02/2018 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT THE BENGALURU AND THE IMPUGNED ORDER DATED 03.01.2018 IN DISPUTE NO.ADDL.RD/AXB/21/2016-17 PASSED BY THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (R.441), K.S.C APEX BANK LTD. AT BENGALURU/THE SECOND RESPONDENT VIDE ANNEXURE-A & B ETC.
THESE WRIT PETITION COMING ON FOR ‘DICTATING ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing on behalf of the petitioners, Sri.Jayakumar.S.Patil, learned Senior counsel appearing on behalf of respondent No.1 and learned AGA appearing on behalf of respondent Nos.2 and 3.
2. The matter is canvassed on the short point that the Original Authority is the part of the Appellate Authority. There is no dispute that one Smt.Shahar Banu acting as the Additional Registrar for Co-operative Societies heard the dispute insofar as it pertains to I.A.Nos.2 and 3 of 2015 preferred under Section 70 of the Karnataka Co-operative Societies Act and after hearing was pleased to allow I.A.No.3 in respect of respondent Nos.3 and 4 therein and also was further pleased to hold that the dispute raised in I.A.No.2/2015 was maintainable by order dated 03.01.2018. Being aggrieved, the claimants moved the review petition before the Karnataka Appellate Tribunal. By the time review petition No.54/2016 came to be considered and disposed of by judgment dated 28.01.2017, the Original Authority i.e., Smt.Shahar Banu came to be appointed as Co-operation Member on the Bench of the Karnataka Appellate Tribunal.
3. It is the case of the petitioners that the said original Authority sitting on the Bench of the Karnataka Appellate Tribunal proceeded to hear and dispose of the review petition vide order dated 28.01.2017.
4. On perusal of the signature appended to the said orders produced as Annexures-B and H5 prima-facie establishes the contention putforth on behalf of the petitioner and appears to be true even to the naked eye. In that view of the matter, the Co-operation Member of the Bench having taken such a view earlier ought to have accused herself.
5. On the contrary, the Co-operation Member along with District Member has proceeded to allow the review petition and set aside the order impugned whereby the Co-operation Member has taken a contrary view to the one expressed by her earlier. In that view of the matter, this Court is of the opinion that the instant writ petitions require to be partially allowed.
Accordingly, the writ petitions are partly allowed. The orders produced as Annexure-A dated 21.02.2018, Annexure- B dated 03.01.2018 and Annexure-H5 dated 28.01.2017 to the writ petitions are set aside. The matter is remitted back to the Appellate Tribunal for consideration and disposal in accordance with law.
Sd/- JUDGE VM CT:HR GNJ: W.P.Nos.20378-20379/2018 26.09.2019 ORDER ON BEING SPOKEN TO Learned counsel for the petitioners would invite the attention of the Court to last sentence of paragraph No.4 and would submit that on account of a typographical error, the work ‘recused’ has been wrongly typed as ‘accused’. Submission merits consideration in the light of the discussion preceding the word.
Hence, the word ‘accused’ in the last line of paragraph No.4 shall be deleted and the same shall be replaced by the word ‘recused’.
Further, in the operative portion, the sentence ‘and Annexure-H5 dated 28.01.2019’ be deleted.
Further, in the last sentence of the operative portion, the sentence ‘The matter is remitted back to the Appellate Court for consideration and disposal in accordance with law’ shall be read as ‘The matter is remitted back to the Registrar of Co-operative Society for consideration and disposal in accordance with law. The Registrar of Co-operative Society shall endeavour to complete the process within four months from the date of receipt of copy of this order.”
Office to carryout the corrections and to issue corrected copy of the order.
Sd/- JUDGE VM