P PARAMASHIVAIAH Vs. SECRETARY DEPARTMENT OF CO OPERATION

JUDGEMENT

(1.) The petitioner has sought for a direction to respondent Nos.2 & 3 not to attach the salary of the petitioner and to recover entire debt from the 4th respondent.

(2.) The petitioner is a guarantor for the loan raised by 4th respondent from respondent No.3 bank. Since the loan amount was not repaid, a dispute was raised by the Bank before the concerned authority under Section 70 of Karnataka Co-operative Societies Act, 1959. Award was passed against the Principal debtor as well as guarantor - petitioner herein. Questioning the same, the petitioner had filed Appeal No.551/ 08 before the Karnataka Appellate Tribunal under section 105 of Karnataka Co-operative Societies Act. Suppressing the same, he has approached this Court by filing this writ petition for the aforementioned reliefs. Since it is open for the petitioner herein to raise any ground as is available to him in law before the Appellate Authority, he should not be allowed to approach this Court directly under Article 226 of the Constitution of India. Moreover, the petitioner has suppressed the fact that he has approached the Appellate Authority by filing the appeal questioning the award made by the original authority. Hence, the writ petition is liable to be dismissed. At this stage, learned Counsel for respondent No.3 submits that the appeal filed by the petitioner herein before the Karnataka Appellate Tribunal is dismissed for default on 31.7.09. If it is so, the grievance of the petitioner cannot be rectified unless any application is filed for restoration of the appeal. It is open for the petitioner to take appropriate steps in accordance with law, if he so chooses. Petition stands dismissed accordingly. Petition dismissed.