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2024 Supreme(Online)(KAR) 29964

HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
THE URBAN CO OPERATIVE BANK LTD – Appellant
Versus
K GANGADHAR – Respondent


Petitioner Advocates:CHIDAMBARA G S ,Respondent Advocate:

ORAL ORDER

This petition is directed against the impugned order at Annexure-F dated 21.12.2018 passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.307/2017, whereby, the said appeal filed by respondent No.1 was allowed by the KAT.

2. A perusal of the material on record would indicate that aggrieved by the award dated 05.09.2017 passed by respondent No.7-The Additional Registrar of Co-operative Societies under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short 'the said Act, 1959'), respondent No.1 filed a statutory appeal in Appeal No.307/2017 before the KAT, Bengaluru. The said appeal having been contested by the petitioner/Co-operative Bank, the KAT came to the conclusion that since there was an order appointing the liquidator in winding up proceedings vide Annexure-B dated 13.02.2008 in relation to the petitioner-Bank, the dispute could not have been entertained by respondent No.7 since the same was barred by Section 118(2) of the said Act, 1959 and accordingly, proceeded to allow the appeal and set aside the award passed by respondent No.7. The KAT also came to the conclusion that during the pendency of the dispute, an application having been

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