Skip to content


The Mangalore Catholic Co-operative Bank Limited Vs. State of Karnataka by Its Secretary to Government Department of Co-operation and Others - Court Judgment

SooperKanoon Citation

Court

Karnataka High Court

Decided On

Case Number

W.P. No. 9180 of 2014 (CS-RES)

Judge

Appellant

The Mangalore Catholic Co-operative Bank Limited

Respondent

State of Karnataka by Its Secretary to Government Department of Co-operation and Others

Excerpt:


.....banks federation. 3. by the impugned notice, petitioner - bank is communicated with the proceedings initiated by the 4th respondent under section 70 of the karnataka co-operative societies act, 1959 against the bank and of the interim stay granted for recovery of the land pursuant to the notice issued by the bank on 20.05.2013. petitioner is also informed that the matter would be taken up on 27.09.2013. 4. the contention of the learned counsel for the petitioner is that the dispute regarding the loan availed by the 4th respondent from the petitioner - bank has already culminated in the order dated 28.05.2007 passed by the karnataka appellate tribunal in appeal no.342/2003 and therefore, there is no room to entertain one more dispute in respect of the very transaction. 5. it is not necessary for this court to go into this question. petitioner has admittedly appeared before the joint registrar - the 2nd respondent herein pursuant to annexure-a notice and has filed his objections. 6. learned additional government advocate on instructions submits that the matter is posted for arguments of the parties on 24.02.2014. 7. hence, it is not appropriate for this court to.....

Judgment:


(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 13.08.2013 in dispute No.JPD/TJDF/571/2013-14 produced at Annexure-A.)

1. Learned Additional Government Advocate takes notice for respondents 1 to 3.

2. Challenge in this writ petition is to the notice dated 29.08.2013 issued by the 2nd respondent - the Joint Registrar of Co-operative Societies, Karnataka State Urban Co-operative Banks Federation.

3. By the impugned notice, petitioner - Bank is communicated with the proceedings initiated by the 4th respondent under Section 70 of the Karnataka Co-operative Societies Act, 1959 against the Bank and of the interim stay granted for recovery of the land pursuant to the notice issued by the Bank on 20.05.2013. Petitioner is also informed that the matter would be taken up on 27.09.2013.

4. The contention of the learned counsel for the petitioner is that the dispute regarding the loan availed by the 4th respondent from the petitioner - Bank has already culminated in the order dated 28.05.2007 passed by the Karnataka Appellate Tribunal in appeal No.342/2003 and therefore, there is no room to entertain one more dispute in respect of the very transaction.

5. It is not necessary for this Court to go into this question. Petitioner has admittedly appeared before the Joint Registrar - the 2nd respondent herein pursuant to Annexure-A notice and has filed his objections.

6. Learned Additional Government Advocate on instructions submits that the matter is posted for arguments of the parties on 24.02.2014.

7. Hence, it is not appropriate for this Court to interfere in the matter at this stage. It is open for the petitioner to address arguments on the next date of hearing or on the date on which the case may be posted so as to enable the 2nd respondent to pass orders expeditiously. At any rate, as the petitioner pleads urgency, the 2nd respondent is directed to consider the matter and pass orders expeditiously but before the expiry of two months from the date of receipt of a copy of this order.

Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //