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2025 DAILYLAW 77346 (KAR)

M/S SWETHA ENGINEERING WORKS v. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/16290/2025 · 2025-07-24

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28421 WP No. 16290 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.16290 OF 2025 (CS-RES) BETWEEN: M/S. SWETHA ENGINEERING WORKS AT PLOT NO.7, EOIZ, NEAR ITPL SERVICE GATE, WHITE FIELD, BENGALURU - 560 066, REPRESENTED BY ITS PROPRIETOR M. GOPAL, S/O. LATE. MALLACHARI, (SINCE DECEASED) BY HIS LRS 1. SMT. NARAYANAMMA W/O LATE. M. GOPAL (WIFE), AGED ABOUT 55 YEARS 1(a). SMT. SWETHA D/O LATE. M. GOPAL (DAUGHTER) AGED ABOUT 33 YEARS 1(b). KRUPASHANKAR.G (SON) S/O LATE M. GOPAL, (SINCE DECEASED HIS LR-WIFE) 1(c). SMT. VEENA.N (DAUGHTER-IN-LAW OF LATE GOPAL) W/O LATE KRUPASHANKAR AGED ABOUT 33 YEARS. (SL.NO.1 TO 1(C) ARE R/AT HOUSE 43, GRAMATANA TEMPLE ROAD, GOPAL CHARI COMPOUND, PATTANDUR AGRAHARA, WHITEFIELD, BENGALURU - 560 066. …PETITIONERS (BY SRI. GEORGE ANTHONY CRUZ, ADVOCATE AND SRI. MUDALAGIRIYAPPA, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28421 WP No. 16290 of 2025 AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (URBAN BANK CELL), O/O. THE RCS IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 052. 2. M/S. SREE GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NO. 15, SUBBARAMASETTY ROAD, NETTAKALAPPA CIRCLE, BASAVANAGUDI, BENGALURU - 560 004, REPRESENTED BY ITS C.E.O CHIEF EXECUTIVE OFFICER. 3. M/S. SREE GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NO. 15, SUBBARAMASETTY ROAD, NETTAKALAPPA CIRCLE, BASAVANAGUDI, BENGALURU - 560 004 4. THE DEPUTY MANAGER, M/S. SREE GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA, NO. 15, SUBBARAMA SETTY ROAD, NETAKALAPPA CIRCLE, HEAD OFFICE BASAVANAGUDI, BENGALURU - 560 004. 5. SRI. ASHOK. C.R S/O LATE CHINNASWAMY RAJU, AGED ABOUT 59 YEARS, R/AT NO. 24/41, 33RD A CROSS, - 3 - HC-KAR NC: 2025:KHC:28421 WP No. 16290 of 2025 4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041. 6. SMT. DEEKSHA ASHOK D/O . SRI. ASHOK. C.R. AGED ABOUT 45 YEARS (SL. NO. 1 AND 2 ARE R/AT. NO. 24/41, 33RD 'A' CROSS, 4TH 'T' BLOCK JAYANAGAR, BENGALURU -560 041. AND ALSO AT GROUND FLOOR, BBMP KHATHA NO. 394, OLD PLOT NOP.7, EQIZ, SADARAMANGALA INDUSTRIAL AREA, ERSTWHILE SY. NO. 85, WHITEFIELD INDUSTRIAL AREA, POST, EPIP ZONE, BENGALURU - 560 066. 7. THE SECRETARY DIBBER SCHOOLS INDIA PRIVATE LIMITED GROUND FLOOR, BBMP KHATHA NO. 394, OLD PLOT NOP.7, EQIZ, SADAAMANGALA INDUSTRIAL AREA, ERSTWHILE SY. NO. 85, WHITEFIELD INDUSTRIAL AREA, POST, EPIP ZONE, BENGALURU - 560 066. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R-1; SRI. VIJAY S., ADVOCATE FOR C/R-2;) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PERTAINING TO DISPUTE - 4 - HC-KAR NC: 2025:KHC:28421 WP No. 16290 of 2025 MISCELLANEOUS NO.DIS UBC/3/DIS.1771.2024-25 PENDING ON THE FILE OF THE LEARNED JRCS-RESPONDENT NO. 1; ISSUE A WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE I.A.NO.2/2024-25 PENDING IN DISPUTE NO.MISC.UBF:3/DIS/1771:2024-25(ABJ) AND ORDER OF ATTACHMENT BEFORE JUDGMENT (ABJ) U/S.103 OF KCS ACT 1959 VIDE ANNEXURE C AND I.A.NO.1/2024-25 DATED 20.01.2025 AND ALSO GRANT INTERIM ORDER OF STAY, ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this court seeking for the following reliefs; "(i) CALL FOR RELEVANT records pertaining to dispute miscellaneous No.DIS UBC/3/DIS. 1771.2024-25 pending on the file of the learned JRCS-respondent No. 1; (ii) ISSUE A WRIT in the nature of writ of mandamus directing the respondent No.1 to consider the I.A.No.2/2024-25 pending in dispute No.MISC.UBF:3/DIS/1771:2024-25(ABJ) and order of attachment before judgment (ABJ) U/S.103 of KCS Act 1959 vide Annexure C and I.A.No.1/2024-25 dated 20.01.2025 and also grant interim order of sta. (iii) AND ALSO ISSUE further order/direction as deemed just in the circumstances and probabilities of the case and the same may kindly be considered in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:28421 WP No. 16290 of 2025 2. Memo dated 16.07.2025 has been filed signed by the learned for the petitioners, which reads as under: " The petitioners respectfully submit the following facts: 1). That, the Petitioners have filed statutory dispute before the learned Joint Registrar of co- operative Societies - Respondent No.1 and seeking alternative remedies. In view of availability of alternative remedy, the petitioners humbly crave the leave of this Hon'ble Court to accord permission to withdrawn the writ petition with liberty to seek reliefs if genuine needs arises. Hence, the writ petition may kindly be dismissed as withdrawn and the same may kindly be considered in the interest of justice and equity." 3. Accepting the said memo, petition is dismissed as withdrawn. 4. Pending IAs. if any, stand dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 33