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2021 Supreme(Kar) 772

ASHOK S.KINAGI
Taluk Agricultural Produce Marketing Society Ltd. , Siddapur, Dist: Uttara Kannada, By Its Manager – Appellant
Versus
Nagesh Sambhayya Hegde – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Sadiq N. Goodwala, Adv.
For the Respondent: Sri.Suresh N.Kini, Sri.Avinash Banakar, Sri.V.S.Kalsurmath, HCGP

ORDER :

The petitioner aggrieved by the order passed by the Karnataka Appellate Tribunal, Bangalore in appeal No.1056/2006 dated 02.11.2011, this writ petition is filed.

2. Brief facts of the case of the petitioner is that petitioner filed a dispute under Section 70 of Karnataka Cooperative Societies Act against respondent Nos.1 and 3 for recovery of a sum of Rs.15,59,575/-together with interest at 18% and also for the cost of the case. It is stated that the respondent No.1 is a borrower and respondent Nos.2 and 3 are the sureties. The respondent No.1 in all borrowed a sum of Rs.11,39,000/-from the petitioner society on different dates and respondent No.1 is over due the said loan amount. Respondent No.1 did not repay the loan amount. Hence, the petitioner as raised dispute under Section 70 of Karnataka Cooperative Societies Act, before the respondent No.4. The fourth respondent by order dated 30.09.2000, partly allowed the dispute directing the petitioner to recover Rs.1,50,000/-with interest at the rate of 16% plus 3% interest from the date of dispute till the date of realization of the amount and directed the petitioner to recover the said amount by sale of movable and immovable p

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