Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 89206 (KAR)

SMT AMRITH B KIRAN v. MANGALORE CATHOLIC CO OPERATIVE BANK LTD

WP/27791/2025 · 2025-10-13

Ashok S Kinagi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40493 WP No. 27791 of 2025 C/W WP No. 12236 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27791 OF 2025 (S-RES) C/W WRIT PETITION NO. 12236 OF 2024 (S-RES) IN WP No. 27791/2025 BETWEEN: SMT AMRITH B KIRAN AGED 54 YEARS WIFE OF BHASKAR KIRAN RESIDING AT NO. 24-5-328/6, MEGHDEV HOUSE, 6TH CROSS, ATTAVAR, MANGALORE 575 001 …PETITIONER (BY SRI. NAVEEN G.S., ADVOCATE) AND: 1. MANGALORE CATHOLIC CO OPERATIVE BANK LTD A REGISTERED CO-OPERATIVE BANK UNDER KCS ACT OFFICE AT MCC BANK BUILDING, ST. ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANAGALURU 575 001. (REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40493 WP No. 27791 of 2025 C/W WP No. 12236 of 2024 2. CHAIRMAN, MANGALORE CATHOLIC CO-OPERATIVE BANK LTD. MCC BANK BUILDING, ST.ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANAGALURU 575 001 3. DISCIPLINARY AUTHORITY MANGALORE CATHOLIC CO-OPERATIVE BANK LTD. MCC BANK BUILDING, ST.ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANAGALURU 575 001 (REP. BY PRESIDENT OF BOARD OF DIRECTORS) 4. GENERAL MANAGER MANGALORE CATHOLIC CO-OPERATIVE BANK LTD. MCC BANK BUILDING, ST.ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANAGALURU 575 001 …RESPONDENTS (R1 TO R3 ARE SERVED SRI. ABHISHEK MARLE, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO (I) QUASH THE CHARGE SHEET BEARING NO. CS/001/2025-26 DATED 14.07.2025 SIGNED AND ISSUED BY THE 2NF RESPONDENT AND PRODUCED AS ANNEXURE-L (II) QUASH THE ORDER ISSUED BY RESPONDENT NO. 2, TO CONDUCT DOMESTIC ENQUIRY AGAINST THE PETITIONER VIDE LETTER / ORDER BEARING NO. OR NO. 02/25-26(CH), DATED 14.08.2025 AND PRODUCED AS ANNEXURE-N AND (III) QUASHING THE SHOW CAUSE NOTICE, BEARING NO. HRD NO.229/25-26, DATED 26.06.2025 ISSUED BY THE 4TH RESPONDENT AND PRODUCED AS ANNEXURE-J. - 3 - HC-KAR NC: 2025:KHC:40493 WP No. 27791 of 2025 C/W WP No. 12236 of 2024 IN WP NO. 12236/2024 BETWEEN: SMT. AMRITH B KIRAN AGED ABOUT 50 YEARS, W/O BHASKAR KIRAN R/AT NO. 24-5-328/6, MEGHDEV HOUSE, 6TH CROSS, ATTAVAR, MANGALORE - 575 001. ...PETITIONER (BY SRI. NAVEEN G S., ADVOCATE) AND: 1. MANGALORE CATHOLIC CO OPERATIVE BANK LTD MCC BANK BUILDING, ST. ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANGALURU - 575 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 2. DISCIPLINARY AUTHORITY MANGALORE CATHOLIC CO-OPERATIVE BANK LTD., MCC BANK BUILDING, ST. ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANGALURU - 575 001. 3. GENERAL MANAGER MANGALORE CATHOLIC CO-OPERATIVE BANK LTD., MCC BANK BUILDING, ST. ALOYSIUS COLLEGE ROAD, HAMPANKATTA MANGALURU - 575 001. ...RESPONDENTS (BY SRI. ABISHEK MARLA M J., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH - 4 - HC-KAR NC: 2025:KHC:40493 WP No. 27791 of 2025 C/W WP No. 12236 of 2024 THE CHARGE SHEET BEARING NO. CS 002/21-22 DTD 24.01.22 PRODUCED AT ANNEXURE-C AND QUASHING THE CHARGE SHEET BEARING NO. CS 001/22-23 DTD 07.10.22 PRODUCED AT ANNEXURE-E QUASHING LETTER/ ORDER BEARING OR NO. 44/22-23(CH) DTD 20.12.22 PRODUCED AT ANNEXURE-F. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. Learned counsel for the petitioner, after arguing the matter for some time, filed a memo seeking leave of this court to withdraw the writ petitions with a liberty to approach the Registrar under Section 70 of the Karnataka Co-operative Societies Act, 1959. 2. Memo is taken on record. 3. The writ petitions are dismissed as withdrawn with the aforesaid liberty. 4. Liberty is reserved to the petitioner to approach the Registrar of Co-operative Society within 3 weeks from today. - 5 - HC-KAR NC: 2025:KHC:40493 WP No. 27791 of 2025 C/W WP No. 12236 of 2024 5. In case, if the petitioner approaches the Registrar under Section 70 of the Karnataka Co-operative Societies Act, the Registrar is directed to dispose of the petition in accordance with law as expeditiously as possible. 6. The respondent is directed not to relieve the petitioner till the petitioner approaches the Registrar. 7. In view of the disposal of the petitions, the interlocutory applications, if any, would not survive for consideration and they stand accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV