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S Umesh Rao (propreitor)     14 February 2025

Jurisdiction matter

Subject: Jurisdiction Query: Execution of High Court Directions Against Cooperative Society

 

Hello,

 

I need guidance on a jurisdiction matter involving a cooperative society.

 

The High Court has issued directions to a cooperative society, instructing them to provide specific records. However, the society has failed to comply with these directions. I am looking to seek Mandatory Injunction, Declaration, and Interim Relief to enforce these directions.

 

Given that the case is already ongoing before the Registrar of Cooperative Societies, I would like to know:

 

Can a Civil Court take jurisdiction in this matter to ensure the execution of the High Court's directions?

 

Would this fall under the purview of the Cooperative Societies Act, limiting the Civil Court's involvement?

 

Is the Karnataka Appellate Tribunal (KAT) a more appropriate forum for this type of enforcement?

 

 

I want to ensure that the High Court's directions are effectively exercised and that the society is compelled to comply.

 

I would appreciate any legal insights or references to relevant case laws.

 

Thank you.



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 February 2025

Your query lacks details, however if the cooperative society was a party in the case before high court and if the High court had passed any order in this regard with the time limit to produce the same and if the society failed to obey the court order then you can file a contempt of court against the cooperative society before the high court also 

S Umesh Rao (propreitor)     14 February 2025

Yes Sir, the cooperative society was a party to the case in High Court. Apart from Contempt is there any alternative remedy. 


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