STATE OF KARNATAKA Vs. KARNATAKA MILK FEDRATION

JUDGEMENT

(1.) HEARD Sri Udaya Holla, the learned Advocate General appearing for appellant No. 1 and Sri basavaprabhu S. Patil, learned Senior counsel appearing for appellants-2 and 3 and Sri. Jayakumar S. Patil, learned senior counsel appearing for the respondent.

(2.) THE above appeal is directed against the interim order dated 13-11-2008 made in writ petition No. 14153/2008 staying all further proceedings impugned in the above writ petition dated 5-11-2008 initiated under Section 63 (11) of the Karnataka Co-operative Societies Act, 1959 (for short hereinafter referred to as the "act") on the ground that the same cannot be resorted to, in view of Section 63 (10) of the Act, particularly with reference to Section 2 (AA) of the Act which are referred to as hereunder:

(3.) APPRECIATING the contentions of the learned counsel for the respondent/writ petitioner, the learned single Judge stayed all further proceedings which are intended for re-examining/re-verifying the audited accounts and the object being to earth-out the alleged fraud, misappropriation or embezzlement of funds, as the case may be, which are not deducted or property examined by the auditor during the regular audit or misclassification of the accounts of the Society in question.