Karnataka High Court
Dharwad Dist. Ex.Servicemens Co-Op. ... vs Indian Bank on 30 May, 2011
Author: A.S.Bopanna
Bench: A.S.Bopanna
IN THE HIGH COURT OF KARNATAKA ' CIRCUIT BENCH AT DHARWAD 9°. DATED THIS THE 307! DAY OF MAY, 20f1 BEFORE.~ ee THE HON'BLE MR.JUSTICE A.S.BOPANNA™ -- WRIT PETITION NO, 64317/2009.(GM-RES] BETWEEN: Dharwad District Ex-Servicemen's _ Co-Operative heusing 5 eciety Ltd. > Having its registered office at #31, Swimming Post.Com plex, - : NCM, HublitS80929, 000 0 Represented: by its Hon. Secretary, Lt. CoL.V.G-Patnekar, Aged about 84 years... R/o Sirur Bungalow, . Sir Sicddappa -Kambli Road, Hubli. PETITIONER "(By SrivCyM.Poonacha Lexplexus, Adv.} AND: "de Indian Bank, Hubli Branch, Koppikar Road, "Hubli-S80020, Represented by its Branch Manager. ag >. The Reserve Bank of india, Department of Banking Supervision, 10/3/8, Nrupatunga Road, Bangalore-560001. Represented by its Regional Dire efor 7 -- RESPONDENTS (By Sri. S.N.Raichur, Adv. for Ri-) ) THIS WRIT PETITION. IS FILED SUNDER ARTICLES 226 ANDY .227-0F. PAR CONSTITUTION OF INDIA PRAYING TO. . DIR PECTING THE RESPONDENT NOLL TO. OPERA TIONALIZE THE SAVINGS BANK ACE UNT NUMBER' 5906 OF THE PETITIONER, AND (ALL~ THE FIXED DEPOSITS OWNED BY. THE PE TITIONE aR SOCIETY IN THE bs' RESPONDENT BANK. rae RIE PET MON COMING ON. FOR PRELIMINARY HEARING IN 'B? GROUP, THIS DAY, THE COURT MADE THE. FOLLOWING: ORDER
- The: petitioner is before this Court seeking for issue of mrandarnus to direct the Ist respondent to operationalise _ 'the savings bank account No.3906 of the petitioner and all the fixed deposits owned by the petitioner-society i the "Ps responderit- bank.
a eo eG
4. The petitioner is a Co-operative Hous sing Society ancl has its account in the 1s respondent-bank... When"
this was the position, it appears that, certain 4 Directors eight in number issued a letter dated 10.1¢ i respondent-bank, requestin g the | bark from savings bank account NOS 5905 a ad all fixed deposits. it is in that view of the matter, 'the Is fespondent-Bank had been vigilant. "not to 'per mit the petitioner to operate the account. | Ja tins regard | » the Stitcher has got issued legal notice, dated 16.11 1.2007 and the 1s respondent- Bank has. got issued reply te, the said notice, wherein it has been indic vated to tne petitioner that the step taken by "respondent is.diuve to the request made by certain ro 'ecls rs and the. Is respondent is rea lv and willing obey any directions that would be issued by the Registrar
-, and/or Joint Registrar of the Co-operative Society. * Svilt is seen that the petitioner is a Co-operative Society and as such, the dispute could be raised under ; Zep *% Pag the provisions of the Karnataka Co-operative Society; 1959 (the Act' for short). However, the petit poner Teas ae he ee Ch 'aa Ned 0 on ro sot Jets Lf ae) x ~ inks peed produced an intimation said to have Registrar of Co-operative Societies, ste ait rig that an cispute under Section 70 of the Act woul i not arise, because such an endorsement™is issucci, the petitioner cannot approach this Court by way of writ petition. The petitioner will have to explore other jeg) remedies either to have the dispute settled uncer the said Act or secure such other. oF rders. ginice ers would be several disputed questions On! act and. im a "matter of this nature and writ petition cannot bee nierl Laine a.
ERLY "AC cordingly, the writ petition is disposed open tothe petitioner to explore their other remedies, No order as 5, to Osts.