BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this is an instance of a comedy of errors. After the award was confirmed by the Karnataka appellate tribunal, the decree holder wanted to execute the award. Instead of making an application under Section 101(l)(a) of the kar nataka Co-Operative Societies Act, 1959, by typing error, the provision was shown as Section 101-a. But the contents of the petition filed by the decree holder who is the petitioner herein clearly show that it was filed under Section 101 (1 )(a) of the act and not under Section 101-a of the act. However, by bona fide mistake, respondcnt-2, by an endorsement dated 28-3-1983 under Annexure-F , informed the petitioner that his petition filed under Section 101-a will not be admitted since the petition does not come under the provision of Section 101-a of the act.

(2.) it is now urged before me by the learned counsel appearing for the petitioner that the mention of the wrong provision of law was by bona fide mistake and that the concerned authonty has taken undue advantage of the same in order to harass the petitioner.

(3.) whatever the intention may be of the concerned authority, the question for consideration is to what relief the petitioner is entitled.