VYAVASAYA SEVA SAHAKARI SAMGH NI v. THE JOINT REGISTRAR OF CO-OP

Court: High Court of Karnataka

Bench: C.M. POONACHA

Judgment date: 2024-12-19

Case summary

High Court of Karnataka judgment dated 2024-12-19. VYAVASAYA SEVA SAHAKARI SAMGH NI v. THE JOINT REGISTRAR OF CO-OP. Read the judgment and case details on...

Judgment text

- 1 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH TH DATED THIS THE 19 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE C. M. POONACHA WRIT PETITION NO. 106890 OF 2024 (CS-RES) C/W WRIT PETITION NO. 106752 OF 2024 WRIT PETITION NO. 106871 OF 2024 WRIT PETITION NO. 106873 OF 2024 WRIT PETITION NO. 106878 OF 2024 WRIT PETITION NO. 106888 OF 2024 WRIT PETITION NO. 106893 OF 2024 WRIT PETITION NO. 106958 OF 2024 IN WP. NO. 106890/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NI HALETORAGAL, TQ: RAMDURG, DIST: BELAGAVI, REP. BY ITS PRESIDENT PATTESINGH S/O. MANISINGHRAO JAGATAP. …PETITIONER Digitally signed by (BY SRI K. L. PATIL, ADVOCATE) VISHAL NINGAPPA PATTIHAL Location: High AND: Court of Karnataka 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2.

THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. - 2 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE OFFICER, THE BELGAUM DCC BANK LTD. , OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. …RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/04/2023-24 DATED 29-07-2024 PASSED BY THE RESPONDENT NO.

1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106752/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NI SUREBAN, TQ: RAMDURG, DIST: BELAGAVI – 591 127, REP. BY ITS PRESIDENT …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, - 3 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2. THE CHIEF EXECUTIVE, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. …RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B.

ANAND SHETTY, ADVOCATE FOR R3; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/10/2023-24 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106871/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NI UDAPUDI, TQ: RAMDURG – 598 313, DIST: BELAGAVI, REP. BY ITS PRESIDENT SIDRAMESHWARGOUDA S/O. BASANAGOUD PATIL …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: - 4 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2.

THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE OFFICER, THE BELGAUM DCC BANK LTD. , OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. …RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/05/2023-24 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106873/2024: BETWEEN: - 5 - WP No.

106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 VYAVASAYA SEVA SAHAKARI SAMGH NI NANDIHALI, TQ: RAMDURG, DIST: BELAGAVI – 598 313, REP. BY ITS PRESIDENT RAMAPPA S/O. LAXMAPPA BIDAKI. …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2. THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE OFFICER, THE BELGAUM DCC BANK LTD. , OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. …RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K.

ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/07/2023-24 DATED 29. 07. 2024 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER - 6 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106878/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NIYAMIT GHATAKNUR, TQ: RAMDURG, DIST: BELAGAVI – 598 313, REP. BY ITS PRESIDENT SRI GURAPPA SANGAPPA VAJRAMATTI. …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2.

THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE OFFICER, THE BELGAUM DCC BANK LTD. , OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. …RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) - 7 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/08/2023-24 PASSED BY THE RESPONDENT NO.

1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (17/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106888/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NI KITTUR – 591 127, DIST: BELAGAVI, REP. BY ITS PRESIDENT SIDDAPPA S/O. MUDAKAPPA MUDENUR. …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO - OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2. THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE OFFICER, THE BELGAUM DCC BANK LTD. , - 8 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001.

…RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/06/2023-24 DATED 29. 07. 2024 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106893/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NI NARASAPUR, TQ: RAMDURG, DIST: BELAGAVI – 591 130, REP. BY ITS PRESIDENT VENKANAGOUDA S/O. BASANAGOUDA PATIL. …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2. THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD.

, OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, - 9 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE, THE BELGAUM DCC BANK LTD. , OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. …RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/03/2023-24 PASSED BY THE RESPONDENT NO.

1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , IN WP. NO. 106958/2024: BETWEEN: VYAVASAYA SEVA SAHAKARI SAMGH NIYAMIT TURANUR, TQ: RAMDURG – 591 123, DIST: BELAGAVI, REP. BY ITS PRESIDENT LAXMAN S/O. BASAPPA MALI. …PETITIONER (BY SRI K. L. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, - 10 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 BELAGAVI REGION, NO. 5, UDAYA BUILDING, S. P. M. ROAD, SHAHAPUR, BELAGAVI – 590 001. 2. THE GENERAL MANAGER, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 3. THE PRESIDENT, THE BELGAUM DCC BANK LTD. , OLD POONA BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001. 4. THE CHIEF EXECUTIVE OFFICER, THE BELGAUM DCC BANK LTD. , OLD POONA-BANGALORE ROAD, NEAR CENTRAL BUS STAND, BELAGAVI – 590 001.

…RESPONDENTS (BY SRI MALA D. BHUTE, AGA FOR R1; SRI B. ANAND SHETTY, ADVOCATE FOR R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO. 2 BANK TO IMPLEMENT THE ORDER BEARING NO. JRL/B/DAP/09/2023-24 DATED 29. 07. 2024 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-D TO ADMIT THE PETITIONER SOCIETY AS ITS MEMBER FROM THE DATE OF DEPOSITING OF THE MEMBERSHIP FEES (08/03/2003 VIDE ANNEXURE-B) AND ETC. , THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE C. M. POONACHA - 11 - WP No. 106890 of 2024 C/W WP. Nos. 106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C. M.

POONACHA) The present writ petitions are filed to issue a writ of nd mandamus to the 2 respondent/Bank to implement the order st dated 29. 07. 2024 passed by the 1 respondent/Joint Registrar. 2. Learned counsel for the respondents filed a memo along with documents and submits that pursuant to the said th order dated 29. 07. 2024, the 4 respondent/Bank has filed appeals on 22. 11. 2024 under Section 106(n) and (2) (c) of the 1 Karnataka Co-operative Societies Act, 1959 before the Additional Registrar Co-operative Societies, Bengaluru. 3. Learned counsel for the petitioner submits that only photocopies of the appeal memos has been given and there is no number of the appeals. 4. However, it is forthcoming that along with the th memos, the learned counsel for the 4 respondent/Bank has placed on record a copy of the acknowledgments for the appeals having been filed. Hereinafter referred to as the ‘Act’ - 12 - WP No. 106890 of 2024 C/W WP. Nos.

106752/2024, 106871/2024, 106873/2024, 106878/2024, 106888/2024, 106893/2024, 106958/2024 5. In view of the aforementioned, having regard to the th fact that the 4 respondent/Bank has placed material on record to demonstrate that the appeals have been filed pursuant to the order dated 29. 07. 2024, the above appeals are disposed of reserving liberty to the petitioners to seek for reopening of the present petitions in the event, the appeals are not filed. Sd/- (C. M. POONACHA) JUDGE PMP/CT-ASC List No. : 1 Sl No. : 68

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