SRI CHANDRASHEKAR T v. UDAYA SOUHARDA CREDIT COOPERATIVE LTD
WP/13500/2023 · 2025-07-17
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41897 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41897 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:26601 WP No. 13500 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13500 OF 2023 (CS-RES)
BETWEEN:
SRI. CHANDRASHEKAR T S/O THIMMAIAH, AGED ABOUT 58 YEARS, R/AT NO.6, OLD NO.287, 6TH ‘A’ CROSS, 1ST MAIN ROAD, HANUMANTHA NAGAR, BENGALURU-560 019. …PETITIONER
(BY SRI. MAHESH KIRAN SHETTY S., ADVOCATE)
AND:
1.
UDAYA SOUHARDA CREDIT COOPERATIVE LTD.
NO.371/5, (372), 9TH MAIN ROAD, 50 FEET ROAD, HANUMANTHA NAGAR, BENGALURU-560 019.
PRESENT ADDRESS @ UDAYA SHAKARA BHAVAN, #29/11, 1ST MAIN ROAD, MOUTN JOY ROAD, HANUMANTHA NAGAR, BENGALURU-560 019, REP. BY ITS: CHIEF EXECUTIVE OFFICER REGD UNDER KSR ACT, 1959
2.
SRI. PRITHVIRAJ SINGH T.
S/O THULAJARAM SINGH, AGED ABOUT 56 YEARS,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:26601 WP No. 13500 of 2023
R/AT NO.1350, 17TH MAIN ROAD, MUNESHWARA BLOCK, BENGALURU-560 026.
3.
SRI. MANI M.
S/O LATE MUTHAPPA, AGED ABOUT 60 YEARS, R/AT NO.26, KARTHIK NILAYA, 6TH CROSS, VIVEKANANDA NAGAR, BHANASHANKARI III STAGE, BENGALURU-560 085.
4.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), SOUHARDA SAHAKAR ARBITRATION COURT, KARNATAKA STATE SOUHARDA SAMYUKTHA SAHAKARI NIYAMITHA, MALLESHWARAM, BENGALURU-560 003.
5.
THE RECOVERY OFFICER (UNDER RULE 441) AND THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES KARNATAKA RAJYA SOUHARDA SANYUKTHA SAHAKRI NIYAMITHA. BANGALORE. …RESPONDENTS
(BY SRI. HARISH A.S., AGA FOR R4 & R5;
SRI. NARAYAN BABU D.N., ADVOCATE FOR C/R1 (CP 5818/23);
V/O.DTD.28.06.2023, NOTICE TO R2 & R3 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) QUASH THE ORDER DATED 31.1.2019 PASSED BY THE 4TH RESPONDENT IN DISPUTE NO.DRD/KSSSSN/4464/2018-19 VIDE ANNEXURE-A AND ETC.
- 3 -
HC-KAR NC: 2025:KHC:26601 WP No. 13500 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
“a. Issue a writ in the nature of certiorari or any other appropriate writ to quash the order dated 31.01.2019 passed by the 4th respondent in Dispute no. DRD/KSSSSN/4464/2018-19 vide Annexure-A.; b. Issue a writ in the nature of certiorari or any other appropriate writ to quash the order dated 24.03.2023 passed by the Karnataka Appellate Tribunal in Appeal No. 156/2020 vide Annexure-C; c. Issue a writ in the nature of certiorari or any other appropriate writ to quash the Sale Proclamation dated 16.05.2023 issued by the 5th respondent in EP No. KA.RA.SOU.SAM.SA.NI/VA.A/47/2020-21, vide Annexure-D.; d. Pass any other appropriate orders as this Hon'ble Court deem fit under the facts and circumstances of the case, in the interest of justice and equity.”
2. The interim order dated 19.1.2024 has lapsed on account of the petitioner not complying the same.
3. Respondent had filed a memo enclosing the statement of account. There is no submission made in regard to the
- 4 -
HC-KAR NC: 2025:KHC:26601 WP No. 13500 of 2023
said statement of account as regards whether the petitioner is willing to pay the said amount and in what manner and the time frame thereof. When the amount has been admitted by the petitioner and the petitioner has not come forward to make payment of the due amounts, petition cannot be continued to be prosecuted. Petition stands dismissed.
SD/- (SURAJ GOVINDARAJ) JUDGE
TL List No.: 1 Sl No.: 20