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2026 DAILYLAW 2247 (KAR)

THE HASSAN AREA ARECANUT PRODUCERS v. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE

WP/45799/2017 · 2026-04-01

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18161 WP No. 45799 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 45799 OF 2017 (S-RES) BETWEEN: THE HASSAN AREA ARECANUT PRODUCERS, CO-OPERATIVE SOCIETY LIMITED, C - BLOCK, C-1, A P M C YARD, SHIMOGA – 577 204 BY ITS MANAGING DIRECTOR …PETITIONER (BY SRI. R. GOPAL, ADVOCATE FOR SRI. THILAK RAJ S.V., ADVOCATE) AND: 1. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (CONSUMER & MARKETING) NO.1, ALI ASKAR ROAD, BANGALORE – 560 002 2. SHIVANANDA G. S. S/O GURULINGAPPA, AGED ABOUT 45 YEARS, R/O C/O SHANTHA TEACHER, SRINIVASA IYENGAR COMPOUND, 3RD CROSS, DURGI GUDI SHIMOGA CITY – 577 204 3. SUBRAMANYA R., S/O B. RAMAIAH SHETTY, AGED ABOUT 35 YEARS R/O SREE RAMA NILAYA, 100 FEET ROAD, 2ND STAGE, VINOBANAGARA SHIMOGA CITY – 577 204 …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1; Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18161 WP No. 45799 of 2017 SRI. CHANDRASHEKAR, ADVOCATE FOR C/R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 11.04.2017 PASSED BY KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.515/2013 AND APPEAL NO.516/2013 VIDE ANNX-C AND D AND AWARD COSTS OF THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “A) Issue appropriate writ or writs quashing the orders dated 11.04.2017 passed by Karnataka Appellate Tribunal in Appeal No.515/2013 and Appeal No.516/2013, vide Annexure – C & D; and B) Grant such other reliefs, orders, directions as this Hon’ble Court deems fit to grant in favour of petitioner in the facts and circumstances of the case; and C) Award costs of the Writ Petition;” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. On 20.01.2026, this Court passed the following order: - 3 - HC-KAR NC: 2026:KHC:18161 WP No. 45799 of 2017 “The learned counsel for the parties submit that the matter may be referred to Mediation Centre, Shivamogga District. At request of the learned counsel for the parties, the matter is referred to Mediation Centre, Shivamogga. Parties are directed to appear before the Centre on 29.01.2026 @ 3 p.m. Registry is directed to forward the file and records to the Centre forthwith.” 4. The Mediation Settlement Agreement dated 09.03.2026 is as under: “UNDER SEC. 89 OF CPC R/W SEC. 24 & 25 OF KARNATAKA MEDIATION RULES SETTLEMENT BETWEEN THE PARTIES AS FOLLOWS: Both the petitioner and respondent No.2 and 3 have amicably settled their dispute as per terms and conditions of the mediation agreement as under: 1. Notwithstanding the merits of the contentions raised by petitioner in writ petition, in good gesture and to put an end to litigations once for all, the parties have settled the dispute amicably and in that the petitioner has agreed for the proposal as suggested by respondents 2 and 3 to make payment of Rs.10 lakhs to each of them in full and final settlement of all their claims. - 4 - HC-KAR NC: 2026:KHC:18161 WP No. 45799 of 2017 2. The said payment of Rs.10 lakhs will be made by petitioner to each of respondents 2 and 3 at the time of passing orders by the High court in terms of this compromise petition before the High court through Demand Draft is accepted by the respondent No.2 and 3. 3. The respondents gives up and withdraw all claims made by them in their respective disputes seeking setting aside the orders of termination and reinstatement with all consequential benefits and they pray for dismissal of their respective disputes and all claims made by them. The petitioner also accept the same. 4. The respondents 2 and 3 hereby gives undertaking to the court and submitted that they will not raise any dispute and that they will not make any claim in any manner in future against petitioner. 5. In view of the settlement as above, parties pray that both the orders of 1st respondent dated 10.05.213 in dispute case no ANI(B & MA)/D3/DSNMD/08/2012-13, vide Annexure – A and B and also orders of Karnataka appellate tribunal, Bangalore dated 11.04.2013 in Appeal Nos 515 and 516 of 2013, vide Annexures-C and D be quashed and above writ petitions be disposed of in terms of this compromise. Therefore, the both parties prayed that, Hon’ble court may be pleased dispose the above case as per the terms and conditions of the mediation agreement in the ends of justice.” - 5 - HC-KAR NC: 2026:KHC:18161 WP No. 45799 of 2017 5. The respondent Nos.2 and 3 are physically present and acknowledge the receipt of Rs.10,00,000/- each towards full and final settlement of their claim against the petitioner – Society and a memo dated 01.04.2026 in this regard is filed, which reads as under: MEMO “In terms of settlement arrived at by the contesting parties before Mediation, the petitioner is paying today Rs.10,00,000/- to Respondent No.2 – Shivananda G.S. by giving DD No. 058698 dt: 17.03.2026, drawn on Canara Bank, APMC Branch, Shivamogga and so also by paying Rs.10,00,000/- to Respondent No.3 – Subbramanya R. by giving DD No.058697 dt: 17.03.2026, drawn on Canara Bank, APMC Branch, Shivamogga. The respondent 2 and 3 having received their above respective DDs today are acknowledging the receipt of the same by signing this memo. Hence, this memo is placed on record in proof of payment of the said amount in full and final settlement of all claims and pray that this Hon’ble court may be pleased to record the terms of the compromise petition sent by Mediation center and set aside both the orders of 1st respondent at Annexures – A and B and also the order of KAT of Annexures – C & D dt: 11.04.2017, passed in Appeal No.515/2013 & 516/2013 and accordingly dispose of the above Writ petition in the interest of justice and equity.” - 6 - HC-KAR NC: 2026:KHC:18161 WP No. 45799 of 2017 6. In view of the aforesaid settlement arrived at between the parties, I deem it just and appropriate to dispose of this petition by setting aside Annexures- A, B, C and D. In the result, I pass the following: ORDER i) The petition is hereby allowed and disposed of in terms of the Mediation Agreement dated 09.03.2026. ii) The impugned orders dated 10.05.2013 passed by respondent No.1 and orders dated 11.04.2017 in Appeal No.515/2013 and 516/2013 passed by Karnataka Appellate Tribunal at Annexures-A, B, C and D respectively are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 16