- 1 - HC-KAR NC: 2025:KHC:25615 WP No. 25137 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.25137 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-574111. REP 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) AND: 1. JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MYSURU DIVISION, NEW SAYYOJI RAO ROAD, MYSORE-570024. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25615 WP No. 25137 of 2024 2. SOUTH CANARA DISTRICT COOPERATIVE CENTRAL BANK LTD. NO.113, MANGALORE-575003. REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI HARISH A.S., AGA FOR R-1; SRI RAKSHITH KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE ORDER DATED 31.08.2024 PASSED BY THE RESPONDENT NO.1 IN DISPUTE NO.JRM/DDS/71/2022-23 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER NO.1. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 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/71/2022-23 (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 dispute as regards recovery of certain monies from the petitioners. In the said proceeding, the petitioner had raised a - 3 - HC-KAR NC: 2025:KHC:25615 WP No. 25137 of 2024 contention that the document which had been relied upon by respondent No.2 having the hypothecation agreement was not properly stamped and on an application was filed under Section 33 and 34 of Karnataka Stamp Act, 1957 for impounding the said hypothecation agreement. This application was rejected on the ground that respondent No.1 is a quasi-judicial authority and proceeding before it being summary, the said provisions are not attracted. It is challenging the same, that the petitioners are before this Court seeking for the aforesaid reliefs. 3. Before the learned counsel for the petitioner could make his submission, learned counsel for respondent No.2 having filed a memo dated 11.07.2025 submits that the hypothecation agreement has already been subjected to stamp duty in pursuance of the order passed by District Registrar and Deputy Commissioner of Stamp on 10.06.2025 and - 4 - HC-KAR NC: 2025:KHC:25615 WP No. 25137 of 2024 petitioner has made payment of due stamp duty and penalty thereon on 19.6.2025 and 24.6.2025 and he submits that the grievance of the petitioner does not survive for consideration 4. In view of the said submission of counsel for respondent No.2 since the document has already been stamped the question of now contending the document is not stamped would not arise. Hence, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR SR List No.: 1 Sl No.: 64