CHANDAN KANDELWAL S/O SRI KISHAN K v. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS
WP/202258/2022 · 2025-06-04
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10864 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10864 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:2824 WP No. 202258 of 2022
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.202258 OF 2022 (GM-CFA) BETWEEN:
CHANDAN KANDELWAL S/O SRI. KISHAN K., AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O H.NO.HL281, NIJALINGAPPA COLONY, RAICHUR, DIST. RAICHUR-584 101. …PETITIONER (BY SRI. G. G. CHAGASHETTI, ADVOCATE)
AND:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAICHUR-584 101. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND CHITS, RAICHUR-584 101. 3. M/S. MARGADARSHI CHITS (KARNATAKA) PVT. LTD., 1ST FLOOR, ANAND TOWERS, GANDHI CHOWK, RAICHUR-584 101, REPRESENTED BY FOREMAN/MANAGER. 4. SHRI. TUNGABHADRA TRADING COMPANY, BY ITS PROPERITER K. SURESH S/O MALLAPPA K., OCC: BUSINESS SHOP NO.4-2-74, DALALI BAZAR, KARTGI (TOWN MUNICIPALITY),
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:2824 WP No. 202258 of 2022
KOPPAL DISTRICT, P.NO.7-4-107, WARD NO.11, J.P. NAGAR, NEAR SHRIDEVI TEMPLE, KARTGI, TQ. GANGAWATI, DIST. KOPPAL-583 231. 5. MR. NAGARAJ S/O VEERAPPA H., AGED ABOUT 41 YEARS, OCC: BUSINESS, M/S. SHRI. KEDARNATH AGRO FOODS, OPP. LAXMI TAKIS, R.G. ROAD, KARTGI (POO), R/O H.NO.24, BLOCK NO.3, BILIGER ONI, KARTGI (POO), DIST. KOPPAL-583 231. 6. B. VEERESH S/O B. SANNALINGAPPA, AGED ABOUT 44 YEARS, OCC: BUSINESS, M/S. USHA ENTERPRISES, NEAR APMC, R.G. ROAD, KARTGI (POO), R/O WARD NO.3, KABBER ONI, KARTGI (POO), DIST. KOPPAL-583 231. 7. K. SOUMYA W/O MAHESH KUDGAL, AGED ABOUT 31 YEARS, OCC: BUSINESS, M/S. CHANDAN ENTERPRISES, H.NO.5-4-34/3, J.P. NAGAR, KARTGI (POO), R/O WARD NO.11, J.P. NAGAR, NEAR SHRIDEVI TEMPLE, KARTGI (POO), DIST. KOPPAL-583 231. 8. K. MAHANTESH S/O K. SUGAPPA, AGED ABOUT 32 YEARS, OCC: BUSINESS, M/S. V.K. FASHION STORE, NEAR DI KATTARI MUTHOOT FINANCE, OPP: KARTGI (POO), R/O H.NO.35, HARLI ONI, NEAR ANJANEYA TEMPLE,
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HC-KAR NC: 2025:KHC-K:2824 WP No. 202258 of 2022
KARTGI (POO), DIST. KOPPAL-583 231. 9. T. MAHESHKUMAR S/O T. MALLESHAPPA, AGED ABOUT 45 YEARS, OCC: BUSINESS, M/S. GOURI SARJICAL HOUSE, ABIPATIL SANKEERNA, BEROONKILLA, RAICHUR (TQ.), R/O PLOT NO.201, AKHIL RESIDENCY, JAWAHAR NAGAR, RAICHUR DISTRICT-584 101. 10. MANJUNATH S/O VEERAPPA, AGED ABOUT 34 YEARS, OCC: BUSINESS, M/S. SHRI S.L.V. KIRANA STORE, OPP. LAXMI TAKIS, R.G. ROAD, KARTGI (POO), DIST. KOPPAL R/O H.NO. 8-7-55/11, WARD NO.01, VASVI NAGAR KARTGI (POO), DIST. KOPPAL-583 231. …RESPONDENTS
(BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 & R2; SRI.
SANJEEVKUMAR C. PATIL, ADVOCATE FOR R3;
V/O DATED 29.07.2024, NOTICE TO R5 TO R7, R9 & R10 IS HELD SUFFICIENT;
V/O DATED 25.03.2025, NOTICE TO R4 & R8 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE AWARD DATED 29.07.2021 PASSED BY THE 2ND RESPONDENT IN DISPUTE NO.13/2020-21 VIDE ANNEXURE-A AND CERTIFICATE/AWARD DATED 10.08.2021 ISSUED BY THE 2ND RESPONDENT U/SEC.71 OF THE CHIT FUNDS ACT, 1982 PRODUCED AT ANNEXURE-B, CONSEQUENTLY ORDER DATED 13.06.2022 AND 13.07.2022 PASSED BY THE SENIOR PRL. - 4 -
HC-KAR NC: 2025:KHC-K:2824 WP No. 202258 of 2022
CIVIL JUDGE AND CJM, RAICHUR IN E.P. NO.105/2021 PRODUCED AT ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
Learned counsel for the petitioner fairly submits that the petitioner is having an alternative and efficacious remedy under Section 70 of the Chit Funds Act, 1982.
2. For the aforementioned reasons, the writ petition is hereby dismissed reserving liberty to the petitioner to approach the appropriate forum in accordance with law. If he were to file an appeal before the appropriate authority, the time spent by the petitioner pursuing the instant writ petition before this Court shall be condoned while considering any application made for condonation of delay.
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HC-KAR NC: 2025:KHC-K:2824 WP No. 202258 of 2022
3. The interim order passed by this Court on 29.09.2022 is extended for a further period of two weeks from today.
4. It is hereby made clear that this Court has not expressed any opinion on merits of the case and it is for the appellate authority to decide the same in accordance with law irrespective of the interim order granted by this Court.
5. In view of dismissal of the writ petition, I.A.2/2022 does not survive for consideration and the same is accordingly dismissed.
Sd/- (M.I.ARUN) JUDGE
LG List No.: 1 Sl No.: 34