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2025 DAILYLAW 35366 (KAR)

THE KARNATAKA STATE CO OPERATIVE APEX BANK LTD. v. SRI. JAYARAMAIAH

WP/232/2024 · 2025-04-04

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:16163 WP No. 232 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 232 OF 2024 (CS-RES) BETWEEN: THE KARNATAKA STATE CO OPERATIVE APEX BANK LTD, NO.1 UTHUNGA, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI C N DEVARAJ, AGED ABOUT 59 YEARS, S/O SRI NANJUNDAIAH. …PETITIONER (BY SRI. ABHINAV RAMANAND A., ADVOCATE) AND: 1. SRI. JAYARAMAIAH, AGED ABOUT 65 YEARS, S/O LATE DODDA MUNINAGAPPA, NO.1, JANANI KUTEERA, GRAPES GARDEN, V NAGENAHALLI, R T NAGAR POST, BENGALURU - 560 032. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16163 WP No. 232 of 2024 2. SRI MUNIRAMU, AGED ABOUT 56 YEARS, S/O LATE DODDA MUNINAGAPPA, NO.3, SAMRUDHI NILAYA, GRAPES GARDEN, V NAGENAHALLI, R T NAGAR POST, BENGALURU - 560 032. 3. SRI VENKATESH, AGED ABOUT 65 YEARS, S/O LATE DODDA MUNINAGAPPA, NO.211, GRAPES GARDEN, V NAGENAHALLI, R T NAGAR POST BENGALURU - 560 032. 4. ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES, (R441), KARNATAKA STATE CO OPERATIVE APEX BANK LTD, CHAMRAJPET, BENGALURU - 560 018. 5. M/S CONSTRUCTION SOLUTION (BANGALORE) PVT LTD, NO.164, 1ST CROSS, 1ST STAGE, AECS LAYOUT, SANJAY NAGAR, RMV II STAGE, BENGALURU - 560 094. REPRESENTED BY ITS MANAGING DIRECTOR. 6. SRI RAJESH KUMAR K, AGED ABOUT 43 YEARS, S/O SRI KRISHNAMURTHY T N, R/AT NO.301, 3RD FLOOR, - 3 - NC: 2025:KHC:16163 WP No. 232 of 2024 ANRIYA RESIDENCY, 5TH CROSS, ASHRAMA COLONY, RMV 2ND STAGE, BENGALURU - 560 079. 7. SMT SHALINI R KUMAR, AGED ABOUT 43 YEARS, W/O SRI RAJESH KUMAR K, R/AT NO.301, 3RD FLOOR, ANRIYA RESIDENCY, 5TH CROSS, ASHRAMA COLONY, RMV 2ND STAGE, BENGALURU - 560 079. 8. SRI SURESH T, AGED ABOUT 56 YEARS, S/O THIMMAIAH, NO.50, 5TH CROSS, MARUTHI LAYOUT, WEST OF CHORD ROAD, BENGALURU - 560 079. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ORDER DATED 24/08/2023 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL (KAT) AT BENGALURU IN CO-OPERATIVE APPEAL NO.263/2017 AT ANNEXURE-V AND CONFIRM THE ORDER OF THE RESPONDENT NO.4 DATED 29/05/2017 IN DISPUTE NO. ADDL.RD/AXB/68/2016-17 (OLD CASE NO. JRD/AXB/01/2013-14 AND NO.RCS/CRD/KME- 8/459/2012-13) AT ANNEXURE-T BY ALLOWING THE PRESENT WP AND ETC., - 4 - NC: 2025:KHC:16163 WP No. 232 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court, seeking the following reliefs: "a) A Writ in the nature of certiorari quashing the order dated 24.08.2023 passed by the Karnataka Appellate Tribunal (KAT) at Bengaluru in Co-operative Appeal No.263/2017 at Annexure-'V' and confirm the order of the Respondent No.4 dated 29.05.2017 in Dispute No.ADDL.RD/AXB/68/2016-17 (Old case No.JRD/AXB/01/2013-14 & No.RCS/CRD/KME- 8/459/2012-13) at Annexure-'T' by allowing the present Writ Petition. (b) Grant Costs; (c) Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity." 2. Memo dated 27.03.2025 has been filed signed by the petitioner and learned counsel for the petitioner, which reads as under: "1. The Petitioner is a Cooperative Society registered under the Cooperative Societies Act, 1959 (hereinafter referred to as the 'Act'). The Petitioner had filed a Writ Petition seeking for a Writ in the nature of certiorari - 5 - NC: 2025:KHC:16163 WP No. 232 of 2024 quashing the order dated 24.08.2023 passed by the Karnataka Appellate Tribunal (KAT) at Bengaluru in Cooperative Appeal No. 263/2017 and confirm the order of the Respondent No.4 (Additional Registrar of Cooperative Societies, Bengaluru) dated 29.05.2017 in Dispute No. ADDL.RD/AXB/68/2016-17 (Old case No. JRD/AXB/01/2013-14 & No. RCS/CRD/KME-8/459/2012- 13). 2. It is submitted that the Petitioners and the Respondents have together settled the dispute amicably. Therefore, the present Petition may be disposed of as settled in the interest of justice and equity. 3. Accepting the said memo, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 13