R B LAKSHMEGOWDA Vs. JOINT REGISTRAR OF COOPERATIVE

JUDGEMENT

(1.) WRIT Petitioner was an elected Director of Krishnarajanagar Taluk Co-operative Agricultural and Rural development Bank Limited, Krishnarajanagar Taluk, Mysore District.

(2.) THE second respondent - Deputy Registrar of Co-operative societies acting as a Registrar under the provisions of the Karnataka Cooperative societies Act, 1959 (for short 'the Act'), being moved by the third respondent-Co-operative Bank had caused issue of a notice dated 20. 5. 2006 purporting to be under the provisions of Section 29-C of the Act calling upon the petitioner to attend an enquiry to be held at his office in the background of a complaint filed by the Bank complaining that the petitioner had become a defaulter by not repaying the loan amount and had also sought extension of time on behalf of one Javaregowda, son of cheluvegowda who had become a defaulter to the Bank and on these two counts, action in terms of Section 29-C of the Act was required to be taken against the petitioner.

(3.) PETITIONER responded by replying contending, inter alia, that he was not a defaulter, that the Bank had not issued him any notice for payment of any amounts due; that while he had recommended the case of javaregowda for granting him a month's time for repayment of his loan; that he had not stood as a guarantor for the loan borrowed by any person; that the Management of the Bank has complained being motivated by the complaints alleged against the Management by the petitioner and another director by name K. T. Krishnegowda; that the action is more a mala fide action by the other Directors of the Management and prayed for dismissal of the complaint and to close the enquiry etc.