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2025 Supreme(Online)(KAR) 5545

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MRS JUSTICE K.S. HEMALEKHA, J
V Krishnaiah, S/o Late Venkataswamy – Appellant
Versus
Bangalore City Co-operative Bank Ltd., – Respondent


Advocates:
For the Appellant :SRI S V BHAT, ADVOCATE
For the Respondent:SRI G CHANDRASEKHARAIAH, ADVOCATE FOR R-1; SRI SIDHARTH BABU RAO, AGA FOR R-2 & R-3

ORAL ORDER

Petitioners who are the legal heirs of one Sri.V.Krishnaiah have called in question the award passed by respondent No.3-Joint Registrar of Co-operative Societies ('JRCS' for short) dated 12.01.2012 at Annexure- K and the order of dismissal of Appeal No.315/2012 dated 15.02.2019 by the Karnataka Appellate Tribunal, Bengaluru ('Tribunal' for short) confirming the order of respondent No.3 at Annexure-P.

2. Brief facts of the case are that respondent No.1-Bank raised a dispute against Sri.V.Krishnaiah in May 1996 for default of the loan amount. The Assistant Registrar of Co-Operative Societies (‘ARCS’ for short) passed the order in favour of respondent No.1-Bank, the petitioners preferred appeal before the Tribunal contending that the award was void as it was passed against a deceased person Sri.V.Krishnaiah, who had died on 06.09.1994, even before the initiation of proceedings by respondent No.1-Bank, the Tribunal remanded the matter back to the JRCS for fresh consideration. The petitioners preferred writ petition challenging the order of remand which came to be disposed of with observation that they could raise the issue of the proceedings being initiated against a dead pers

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