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2005 Supreme(Kar) 404

N.K.PATIL
K. S. RAMACHANDRA RAO – Appellant
Versus
KARNATAKA APPELLATE TRIBUNAL, BANGALORE – Respondent


Advocates:
A.N.VENUGOPAL GOWDA, G.K.NARASIMHA, SHASHIDHAR S.KARAMADI, SHIVAYOGISWAMY

( 1 ) THE petitioner, questioning the legality and validity of the order dated 30th July, 2002 in Appeal No. 522 of 2000 on the file of the first respondent-Karnataka Appellate Tribunal, Bangalore and also the award dated 27th May, 2000 in dispute No. D. R. D. 820/88-89 on the file of the third respondent-Assist ant Registrar of Co-operative Societies vide Annexures-A and F respectively, has presented the instant petition. Further, he has sought for a direction, directing the respondent-Bank to release the goods pledged by the petitioner including the missing goods and direct the fourth respondent-Bank to account for the remittance of rs. 10,720/- made by the petitioner under Exhibits P. 21 to P. 30 and also disallow the interest and penal interest calculated by Bank on the principal amount up-to-date.

( 2 ) THE undisputed facts of the case are that, the petitioner had availed a loan of Rs. 35,000/- on 29th September, 1975 from the fourth respondent-Industrial Co-operative Bank, Hassan (hereinafter called 'bank') by pledging his automobile goods. In view of non-payment of necessary instalments within the stipulated time fixed by the Bank authority, at the time of releasing the loan









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