K.N. NINGAPPA Vs. JOINT SECRETARY, DEPARTMENT OF CO-OPERATION, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THE MANAGING DIRECTOR AND MEMBER SECRETARY AND DAVANAGERE DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED

JUDGEMENT

(1.) DISPUTE filed by the petitioner before joint Registrar of Co -operative Societies, Bangalore Region, Bangalore, was allowed and an Award dated 11.02.2008 vide Annexure -A was passed against the Managing Director and Member Secretary, DCC Bank, Davanagere and the Managing Director, DCC Bank, Chitradurga. W.P. No. 13295/2009 filed by the petitioner was disposed of on 23.09.2011, recording the submission of the learned counsel for the petitioner and by reserving liberty to the petitioner to seek relief for realization of the benefit of the said Award by having recourse to the proceedings under S. 101 of the Karnataka Co -operative Societies Act, 1959 (for short, the Act) in the first instance and thereafter by having recourse to a proceeding under S. 109 of the Act. Petitioner having issued a notice to the Managing Director and Member Secretary, Common Cadre Committee, Davanagare District Co -operative Central Bank, vide Annexure -C, filed an Execution Case vide Annexure -D before the Assistant Registrar of Co -operative Societies, Davanagere Sub -Division. The 2nd respondent has issued an endorsement dated 21.03.2012 as at Annexure -E. Assailing the said endorsement, this writ petition has been filed. Heard Sri Hanumanthappa B. Haravigoudar, learned counsel for the petitioner, Sri K.A. Ariga, learned Addl. Government Advocate for respondents 1 and 2 and Sri G.F. Hunasikattimath, learned counsel for the 3rd and 4th respondents and perused the record.

(2.) AN Award under S. 71 of the Act vide Annexure -A has been passed in favour of the petitioner and the said Award has become final. The petitioner filed Execution Case under S. 101(1) of the Act before the 2nd respondent. The 2nd respondent ought to have executed the said Award in terms of S. 101(1)(b) of the Act. Instead, the endorsement issued as at Annexure -E is arbitrary and illegal. In the result, writ petition is allowed and the impugned endorsement is quashed. Consequently, the 2nd respondent is directed to proceed further with the Execution Case vide Annexure -D keeping in view the observation made supra and in accordance with law. The petitioner and the 4th respondent are directed to appear before the 2nd respondent on 12.07.2013 and receive further orders. The 2nd respondent is directed to complete the process of execution expeditiously and within a period of four months from the date of first appearance of the petitioner and the 4th respondent.