- 1 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.147198 OF 2020 (GM-CPC) BETWEEN: THE CENTRAL ARECANUT AND COCOA MARKETING AND PROCESSING CO-OPERATIVE LTD (CAMPCO LTD), SIRSI BRANCH-REPRESENTED BY ITS SENIOR MANAGER (REGION), BHARAT BHAT S/O. RAMANATH BHAT, AGED 54 YEARS, R/O: N.M. YARD, SIRSI, TQ: SIRSI, DISTRICT: UTTARA KANNADA-581401. …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. BHUTESHWAR PATTINA SAHAKARI SANGH NIYAMITA, C.P. BAZAR, SIRSI, DIST: UTTARA KANNADA-581401, REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. MR. VINAYAK V. SHETTY, THE CHIEF EXECUTIVE OFFICER, AGED 43 YEARS, BHOOTESHWAR PATTINA SAHAKARI SANGH NIYAMITHA, C.P. BAZAR, SIRSI-581401, DIST: UTTARA KANNADA. 3. SRI. CHIDAMBARA G. SHETTY S/O. GOPAL SHETTY, AGED 50 YEARS, OCC: FORMERLY DUTY ASSISTANT, CAMPCO LTD SIRSI BRANCH, RASIDING AT "VIJAYALAXMI" PADTIGALLI, ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 DEVIKERE, SIRSI-581401, DIST: UTTARA KANANDA. 4. SRI. F.T. NARASINGANAVAR S/O. THAMMANNA, AGED 63 YEARS, OCC: RETIRED EMPLOYEE, SIRSI BRANCH (RETIRED ON 30.06.2016) RESIDING AT LOKUR HOUSE, POST: LOKUR, DHARWAD-581206. 5. PURUSHOTHAMA ACHARYA S/O GOPANNA ACHARYA, AGED: 60 YEARS, OCC: SENIOR MANAGER (ACCOUNTS) CAMPCO LTD SIRSI BRANCH, RESIDING AT NAITHADY HOUSE, POST AND VILLAGE KEMMINJE, PUTTUR-574202, DIST: DAKSHINA KANNADA. 6. V. SADASHIVA S/O. K. VADHIRAJA ACHARYA, AGED 64 YEARS, R/O: "PAVITRA", RAJEEVA SHETTY COMPOUND, NEAR COLLEGE ROAD, VADERAHOBLI, KUNDAPUR-576201, DIST: UDUPI. 7. BHARATHI C. SHETTY W/O. CHIDAMBARA G. SHETTY, AGED 44 YEARS, RESIDING AT ‘VIJAYALAXMI’, PADTHIGALLI, DEVIKERE, SIRSI-581401, DIST: UTARA KANNADA. 8. KANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., SIRSI, REP. BY MANAGING DIRECTOR, N.M. YARD, SIRSI (U.K.)-581401. 9. MAHESH G. AGED ABOUT 54 YEARS, PROP: MAHESH TRADERS, 89-C, SHANTHIANGAR, NEAR YELLAPUR NAKA, TQ: SIRSI, DIST: UTTARA KANANDA-581401. - 3 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 10. TOTGARS’ SALES CO-OPERATIVE SOCIETY LTD, SIRSI, REP. BY ITS GENERAL MANAGER, N.M. YARD, SIRSI (U.K.)-581401. 11. SYNDICATE BANK, SIRSI, DEVIKERE BRANCH TQ: SIRSI, DIST: UTTARA KANANDA-581401. 12. SMT. SUVARNA PRAKASH BHAGVATH, W/O PRAKASH BHAGVATH, AGED MAJOR, OCC: NOT KNOWN, R/O: HALLAKAPUR VILLAGE, BAPANAHATH-PUR, TQ: SIRSI, DIST: UTTARA KANANDA-581401. …RESPONDENTS (NOTICE TO R1-R2 IS SERVED; NOTICE TO R3-R12 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 17.06.2020 MARKED AT ANNEXURE-A, PASSED BY SENIOR CIVIL JUDGE SIRSI IN O.S.NO.68/2016 ON I.A.NO.V, UNDER SEC.151 OF CIVIL PROCEDURE CODE, AND CONSEQUENTLY THE I.A.NO.V IN O.S.NO.68/2016 ON THE FILE OF SENIOR CIVIL JUDGE, SIRSI BE DISMISSED; DEFENDANT NO.6 BE DIRECTED TO DEPOSIT RS.1,75,00,000=00 (RS.ONE CRORE SEVENTY FIVE LAKH ONLY )IN DEFENDANT NO.10 RESPONDENT NO.8 BANK IN THE INTEREST OF JUSTICE; ISSUE SUCH OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT TO SERVE THE ENDS OF JUSTICE AND EQUITY; COST OF THE PETITION BE AWARDED IN FAVOUR OF THE PETITIONER AND AGAINST THE RESPONDENTS IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this Court seeking for the following reliefs” (A). Issue a writ of certiorari quashing the impugned order dated 17.06.2020 marked at Annexure-A passed by Senior Civil Judge, Sirsi in O.S.No.68/2016 on I.A.No.V under Section 151 of Civil Procedure Code and consequently the I.A.No.V in O.S.No.68/2016 on the file of Senior Civil Judge, Sirsi be dismissed. (B) Defendant no.6 be directed to deposit Rs.1,75,00,000=00 (Rs.One crore seventy five lakh only) in defendant no.10/respondent no.8 bank in the interest of justice. (C). Issue such other writ or direction as this Hon'ble court deems fit to serve the ends of justice and equity. (D). Cost of the petition be awarded in favour of the petitioner and against the respondents in the interest of justice. 2. Petitioner had filed O.S.no.68/2016 seeking for the following reliefs : “42. Wherefore, it is prayed that for the reasons stated above the Hon’ble Court be pleased to pass the decree:- A. Directing the defendants 1 to 3, 6 and 7 jointly and severally to pay Rs.1,11,00,046=00 (Rs.One crore eleven lacs forty six rupees) to plaintiff. - 5 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 B. Directing the defendants 1, 2 and 5 jointly and severally to pay Rs.13,46,171=00 (Rs.Thirteen lacs forty six thousand one hundred seventy one only) to plaintiff. C. Directing the defendants 1, 3 and 5 jointly and severally to pay Respondent No.16,74,315=00 (Rs.Sixteen lacs seventy four thousand three hundred fifteen only) to plaintiff. D. Directing the defendants 1, 2 and 8 jointly and severally to pay Rs.59,48,104=00 (Rs.Fifty nine lacs forty eight thousand one hundred four only) to plaintiff. E. Directing the defendants 1, 3 and 8 jointly and severally to pay Rs.5,18,100=00 (Rs.Five lacs eighteen thousand one hundred only) to plaintiff. F. Directing the defendants 1 and 8 jointly and severally to pay Rs.9,58,800=00 (Rs.Nine lacs fifty eight thousand eight hundred only) to plaintiff. G. Interest at the rate of 18% p.a. be ordered to be paid on the suit claim from the date of the suit till realization of the amount. H. Decree be passed for attachment and sale of schedule properties to the extent of liability of respective defendants. I. Cost of the suit be awarded in favour of plaintiff and against defendants 1 to 8. J. Such other relief as the Hon’ble Court deems fit may kindly be granted in favour of plaintiff.” - 6 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 3. In the said suit defendant No.6 had filed an application under 151 of CPC, which came to be treated as I.A.no.5 seeking for direction to defendant No. 10 to release the A schedule funds to defendant No.6, the same came to be allowed vide order dated 17.06.2020 directing defendant No.10 to release the funds to defendant No. 6-Society. It is challenging the same the petitioner is before this Court. 4. The submission of counsel appearing for the petitioner is that defendant No.6 and its officers embezzled huge amount of monies from petitioner and in fact, an application had been filed seeking for an order of injunction restraining defendant No.10 from releasing any monies to defendant No.6. When such application had been filed and pending, I.A.No.5 filed for release of funds ought not to have been allowed by the trial Court. In that background, he submits that the above petition is required to be allowed. - 7 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 5. I have gone through the plaint, the application, objections thereto and the orders passed thereon. 6. A perusal of the above documents would indicate that the suit was filed for recovery of money and various allegations, which have been made including embezzlement etc. In the said suit, an application having been filed for release of funds, there being no order passed restraining defendant No.10 from releasing such funds and the funds claimed to be that of defendant No.6, the trial Court in my considered opinion has rightly allowed the application directing release of the funds to defendant No.6. I do not find any infirmity in the said order. 7. If at all the petitioner were to agitate any rights as regards the funds and seek for any interim relief like attachment or the like the same, would have to be considered by trial Court on its own merits. The observation made in this Order will not affect the merits of the application. - 8 - NC: 2025:KHC-D:1904 WP No. 147198 of 2020 8. In view of the above, no grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK/AM List No.: 1 Sl No.: 66