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Judgment
A.N. Venugopala Gowda, J.—Petitioner has suffered an award in a dispute raised u/s 70 of the Karnataka Co-operative Societies Act, 1959 at the behest of respondent No. 2. Seeking execution of the said award, respondent No. 2 having filed an execution case, respondent No. 1 attached the immovable properties belonging to the petitioner i.e., towards realisation of the award amount. According to the petitioner, in order to clear the award amount, he surrendered share certificates of the value of Rs. 9,04,000/- on 14.10.2011 and that respondent No. 2 has issued a receipt on the same day. Notices in form Nos. 8 and 9, to auction the residential property of the petitioner having been issued on 14.11.2013 and since respondent No. 1 allegedly refused to consider the objection statement with regard to execution of the award, this writ petition was filed, to direct respondent No. 1 to consider the objections filed vide Annexure-M, in accordance with law, before proceedings with the auction as per the sale notices issued vide Annexures-K and L.
Heard the learned advocates on both sides and perused the writ record.
There is no dispute that the petitioner borrowed loan from respondent No. 2 and in view of the default committed, a dispute u/s 70 of the Act was instituted and an award passed has become final. In order to realise the award amount, at the behest of respondent No. 2, respondent No. 1 has issued the notices vide Annexures-K and L. Petitioner has sent a petition u/s 101(2)(a) of the Act vide Annexure-M, through registered post. The postal receipts with regard to sending of Annexure-M through registered post are at Annexure-N.
Respondent No. 1 is a statutory functionary and the provisions made u/s 101 of the Act mandates the respondent No. 1 to enquire into the claim made by the petitioner vide Annexure-M. Refusal to consider Annexure-M is arbitrary.
In the circumstances, writ petition is allowed and respondent No. 1 is directed to enquire into the claim made by petitioner vide Annexure-M, by giving reasonable opportunity of hearing to the petitioner as well as respondent No. 2, to put forth and substantiate their respective cases. It is made clear that no opinion is expressed on the merit or otherwise of the claim made by petitioner vide Annexure-M and the defence of respondent No. 2 is kept open.
Petitioner and respondent No. 2 shall appear before respondent No. 1, on 21.06.2014 at 03:00 p.m. and receive further orders Respondent No. 1 shall decide the matter in accordance with law within a period of eight weeks from the date of first appearance of the parties. Contentions of both sides are left open.
In the circumstances, I.A. No. 1/2014 does not survive for consideration. Ordered accordingly.