Case Note & Summary
The petitioners, M/s Saptharushi Souharda Credit Co-operative Limited and its President, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 25.06.2014 passed by the Karnataka Appellate Tribunal. The Tribunal had dismissed the petitioners' appeal against the order dated 22.03.2014 passed by the Assistant Registrar of Co-operative Societies, South Zone, Chamarajpet, Bangalore, in Dispute No. JRB/MD/33/2012-13. The petitioners sought to call for records and quash the Tribunal's order. The first respondent, Sri Lakshman, was the complainant in the original dispute. The second respondent was the Joint Registrar of Co-operative Societies. The petitioners argued that the Tribunal erred in dismissing the appeal as barred by limitation without condoning the delay. However, the High Court noted that the petitioners had an alternative remedy by way of appeal under Section 70 of the Karnataka Souharda Sahakari Act, 1997. The Court observed that the Tribunal had correctly exercised its discretion in refusing to condone the delay as the petitioners failed to show sufficient cause. The writ petition was dismissed as not maintainable, with liberty to the petitioners to avail the alternative remedy. The Court did not express any opinion on the merits of the case.
Headnote
A) Co-operative Law - Alternative Remedy - Maintainability of Writ Petition - Availability of statutory appeal under Section 70 of Karnataka Souharda Sahakari Act, 1997 - The petitioners challenged the order of the Karnataka Appellate Tribunal dismissing their appeal as time-barred. The High Court held that since an alternative remedy by way of appeal under Section 70 of the Act was available, the writ petition was not maintainable. The Court observed that the Tribunal had correctly refused to condone the delay as no sufficient cause was shown. (Paras 1-5)
B) Limitation - Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - The petitioners filed an appeal before the Karnataka Appellate Tribunal against the order of the Assistant Registrar of Co-operative Societies. The appeal was dismissed as barred by limitation. The High Court upheld the Tribunal's order, noting that the petitioners failed to explain the delay of several months. The Court found no error in the Tribunal's exercise of discretion. (Paras 2-4)
Issue of Consideration
Whether the Karnataka Appellate Tribunal erred in dismissing the appeal as barred by limitation without condoning the delay, and whether the writ petition under Articles 226 and 227 of the Constitution is maintainable despite the availability of an alternative remedy.
Final Decision
The writ petition is dismissed as not maintainable. The petitioners are at liberty to avail the alternative remedy of appeal under Section 70 of the Karnataka Souharda Sahakari Act, 1997. No opinion is expressed on the merits of the case.
Law Points
- Alternative remedy
- Limitation
- Condonation of delay
- Sufficient cause
- Co-operative society dispute
- Writ jurisdiction
Case Details
2014 LawText (KAR) (09) 36
W.P.No.37983/2014 (CS-RES)
K.R. Anantha Murthy (for petitioners), G. Chandrasekharaiah (for caveator/respondent 1), S. Susheela (AGA for respondent 2)
M/s Saptharushi Souharda Credit Co-operative Limited and The President
Sri Lakshman and The Joint Registrar of Co-operative Societies
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka Appellate Tribunal dismissing the petitioners' appeal as barred by limitation.
Remedy Sought
The petitioners sought to quash the order dated 25.06.2014 of the Karnataka Appellate Tribunal and to call for records of the appeal and the original dispute.
Filing Reason
The petitioners' appeal before the Karnataka Appellate Tribunal was dismissed as barred by limitation, and they challenged that dismissal.
Previous Decisions
The Assistant Registrar of Co-operative Societies passed an order on 22.03.2014 in Dispute No. JRB/MD/33/2012-13. The petitioners appealed to the Karnataka Appellate Tribunal, which dismissed the appeal on 25.06.2014 as barred by limitation.
Issues
Whether the Karnataka Appellate Tribunal erred in dismissing the appeal as barred by limitation without condoning the delay.
Whether the writ petition is maintainable despite the availability of an alternative remedy under Section 70 of the Karnataka Souharda Sahakari Act, 1997.
Submissions/Arguments
The petitioners argued that the Tribunal ought to have condoned the delay in filing the appeal.
The respondents contended that the writ petition was not maintainable as an alternative remedy was available.
Ratio Decidendi
Where a statutory alternative remedy is available, a writ petition under Articles 226 and 227 of the Constitution should not be entertained. The Tribunal's refusal to condone delay in filing appeal was a proper exercise of discretion as no sufficient cause was shown.
Judgment Excerpts
Petitioner No.1 Saptharushi Souharda Credit Co-operative Limited is a society duly registered under the provisions of the Karnataka Souharda Sahakari Act, 1997.
They are challenging the order dated 25.06.2014 passed by the Karnataka Appellate Tribunal dismissing the appeal filed by the petitioners against the order dated 22.03.2014 passed by the Assistant Registrar of Co-operative Societies.
Having regard to the facts and circumstances of the case, I am of the view that the petitioners have an alternative remedy of appeal under Section 70 of the Act.
The Tribunal has exercised its discretion in refusing to condone the delay. No error is found in the order passed by the Tribunal.
Hence, the writ petition is dismissed as not maintainable. Liberty is reserved to the petitioners to avail the alternative remedy.
Procedural History
The Assistant Registrar of Co-operative Societies passed an order on 22.03.2014 in Dispute No. JRB/MD/33/2012-13. The petitioners filed an appeal before the Karnataka Appellate Tribunal, which was dismissed on 25.06.2014 as barred by limitation. The petitioners then filed the present writ petition on 10.09.2014.
Acts & Sections
- Karnataka Souharda Sahakari Act, 1997: Section 70
- Constitution of India: Articles 226, 227
- Limitation Act, 1963: Section 5
