B. KRISHNA BHAT Vs. VISHWABHARATH

JUDGEMENT

(1.) This petition is filed calling in question the rejection of petitioner's I.A. in Revision Petition No. 14 of 2014 by order dated 7th May, 2014, of the Karnataka Appellate Tribunal ('KAT' for short), Annexure-J. According to the learned Counsel for petitioner, revision petitioner when arraigned as respondent in a dispute invoking Section 70(1)(a) of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) instituted by respondent 1-Co-operative Society advanced objections over maintainability of the petition and requested the authority to frame a preliminary issue.

(2.) The dispute brought before the authority was over misappropriation of funds of the Co-operative Society, a matter touching upon the management and business of the Co-operative Society. It was therefore for the person who raised the dispute to establish, by cogent evidence over the allegations of misappropriation. Petitioner advanced a plea of maintainability on the premise that misappropriation, if any, ought to be established through books of account of Co-operative Society or through statutory provisions or audit report and, not otherwise. That objection of the petitioner when rejected by order dated 17-3-2014, petitioner instituted Revision Petition No. 14 of 2014 before the KAT. The Tribunal too, by order impugned, rejected I.A. No. 1 for stay of proceeding before the authority. Hence this writ petition.

(3.) Heard the learned Counsel for parties, perused the order impugned.