Karnataka High Court
WP/203969/2024 of M/S JAYALAXMI ENTERPRISES Vs THE VIJAYAPURA DIUSTRICT CENTRAL CO OPERATIVE BANK LTD AND ORS on 31 December 2024
2024:KHC-K:10165 WP No. 203969 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.203969 OF 2024 (CS-RES) BETWEEN: M/S. JAYALAXMI ENTERPRISES THROUGH ITS PROPRIETOR GIRISH S/O RAVINDRA
Digitally signed bySHILPA RTENIHALLILocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA,KALABURAGI BENCH|
DATED THIS THE 31[ST]DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
.WRIT PETITION NO.203969 OF 2024 (CSRES)
BETWEEN:|
M/S. JAYALAXMI ENTERPRISES
THROUGH ITS PROPRIETORGIRISH S/O RAVINDRA UPPIN, |AGE: 45 YEARS, OCC: BUSINESS, |R/O SHIVALING NIVAS, RAJPUT GALLI, |INDI ROAD, VIJAYAPURA-5386 101
PETITIONER|
(BY SRI. MANJUNATH GINNI, ADVOCATE)
AND"
1.THE VIJAYAPURA DIUSTRICT CENTRALCO-OPERATIVE BANK LITD., HEAD OFFICE ASHRAM ROAD, |BR. VIJAYAPURA-586 101,REPRESENTED BY ITSCHIEF EXECUTIVE OFFICER.
2DVIJAYKUMAR
S/O SHIVALINGAPPA UPPIN,AGE: 75 YEARS, OCC: PRIVATE WORK,R/O H.NO.8, SOLAPUR ROAD, |
NC: 2024:KHC-K:10165WP No. 203969 of 2024
BEHIND KHB COLONY, |
VIJAYAPURA-586 1OL.
3.AVINASH
S/O AMARESH ALAGUNDAGI, |
AGE: 38 YEARS, OCC: PRIVATE WORK,
R/O WARD NO. 4, RAJPUT GALLI,
VIJAYAPURA-586 101.
4THE ASSISTANT REGISTRAR OF |
CO-OPERATIVE SOCIETIES, VIJAYAPURA,
DIST. VIJAYAPURA-586 101.
RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF!THE CONSTITUTION OF INDIA, PRAYING TO, (A) ISSUE A.WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER AND.AWARD DATED 28.11.2024 IN FILE NO.JRL/B/DDS/104/2024-25 PASSED BY THE ARBITRATOR OF THE CO-OPERATIVE|SOCIETIESO/O|ASSISTANT|REGISTRAR,VIJAYAPURA-RESPONDENT NO.4 AS PER ANNEXURE-E IN THE INTEREST OF|JUSTICE AND EQUITY; (B) ISSUE ANY WRIT OR DIRECTIONS.OR ORDERS AS THIS HON’ BLE COURT DEEMS FIT INCIRCUMSTANCES OF THE CASE IN ENDS OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,ORDER WAS MADE THEREIN AS UNDER:
CORAM:HON BLE MR. JUSTICE M.I.ARUN.
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ORAL ORDER
(PER: HON’BLE MR. JUSTICE M.I.ARUN)
Thedisputepertains CO recoveryproceedings.initiated by respondent No.1-Bank against the petitionerfor default in payment of loan committed by the petitioner.The petitioner is having an alternative efficacious remedy. |
For the said reason, the writ petition is hereby.dismissed reserving the liberty to the petitioner toapproach the appropriate forum in the manner Known tolaw.
Sd/-|(M.I.ARUN).JUDGE|
LG|List No.: 1 S| No.: 24