M/S BREMELS RUBBER INDUSTRIES PVT LTD v. JOINT REGISTRAR OF COOPERATIVE SOCIETIES
WP/25143/2024 · 2025-05-02
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33039 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33039 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18086 WP No. 25143 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25143 OF 2024 (CS-RES) BETWEEN:
1.
M/S. BREMELS RUBBER INDUSTRIES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.12, AUSTEN INFRASTRUCTURES LTD., SPECIAL ECONOMICAL ZONE, PHALIMAR, NANDIKURU VILLAGE, PADUBIDRE POST, KAPU TALUK, UDUPI DISTRICT - 574 111.
REPRESENTED BY ITS MANAGING DIRECTOR SRI. NISCHITH B. SHETTY.
2.
SRI. NISCHITH B SHETTY, S/O. BHASKAR SHETTY, AGED ABOUT 49 YEARS, R/AT. NO. 115/A, 9TH MAIN ROAD, RMV EXTENSION, SADASHIVA NAGAR, BENGALURU - 560 080.
3.
SRI. ADITH B SHETTY, S/O BHASKAR SHETTY, AGED ABOUT 42 YEARS, R/AT. NO. 115/A, 9TH MAIN ROAD, RMV EXTENSION, SADASHIVA NAGAR, BENGALURU - 560 080. …PETITIONERS (BY SRI. MADHUKAR M. DESHPANDE, ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:18086 WP No. 25143 of 2024
AND:
1.
JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MYSURU DIVISION, NEW SAYYOJI RAO RAOD, MYSORE - 570 024.
2.
SOUTH CANARA DISTRICT COOPERATIVE CENTRAL BANK LTD., NO. 113, MANGALORE - 575 003, REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1;
SRI. RAKSHITH KUMAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31/08/2024 PASSED BY THE R1 IN DISPUTE NO.
JRM/DDS/72/2022-23 (ANNX-A) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER NO. 1 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioners are before this Court seeking for the following reliefs: (a). Issue a writ of Certiorari or any other appropriate Writ or direction quashing the order dated 31.08.2024 passed by the Respondent No.1 in Dispute No. JRM/DDS/72/2022-23
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NC: 2025:KHC:18086 WP No. 25143 of 2024
(Annexure-A) and consequently allow the application filed by the petitioner No.1.
(b). pass such other order as this Hon'ble Court deems fit to grant in the interest of justice and equity.
2. Respondent No.2 has raised a dispute that Respondent No.1/JRCS has erroneously passed the impugned order, by rejecting the application filed by the petitioner. In the said proceedings, an application under Section 33(1) and 33(2) of the Karnataka Stamp Act had been filed seeking for impounding of the documents being the Hypothecation agreement on the ground that the same is not adequately stamped. The application having been dismissed, the petitioner is before this Court.
3. The submission of Sri.Rakshith Kumar now is that Respondent No.2 is willing to make payment of any deficit stamp duty on the said documents and as such, the matter may be
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NC: 2025:KHC:18086 WP No. 25143 of 2024
referred for adjudication to the District Registrar. In that view of the matter, nothing survives for
consideration in the present petition. As such, I pass the following:
ORDER Respondent No.2's request is directed to be placed before Respondent No.1 who is in turn directed to refer the matter to the concerned District Registrar for adjudication. With the above observations, the Writ Petition stands disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
BNV List No.: 1 Sl No.: 6 CT: BHK