- 1 - NC: 2025:KHC:16941 WP No. 16997 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16997 OF 2023 (CS-RES) BETWEEN: MR. DAVID PERERA S/O MR. BAPTIST PERERA AGED ABOUT 57 YEARS R/O 1-171, KANIYALA HOUSE PUTTUR, KEMMINJE (RURAL) DARBE (PUTTUR), PUTTUR DAKSHINA KANNADA KARNATAKA - 574 202. …PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES AND RECOVERY OFFICER PUTTUR SUB DIVISION DAKSHINA KANNADA - 574 201 2. M/S SOUTH CANARA DISTRICT CENTRAL COOPERATIVE BANK LTD, PUTTUR BRANCH HAVING OFFICE AT MAIN ROAD, PUTTUR TALUK DAKSHANA KANNADA - 574 201 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 SRI. RAKSHITH KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT. 30.06.2023 PASSED BY R1 HEREIN IN MATTER BEARING JRM/DDS/742/2021-22 (ANNX-A) IN SO FAR AS PETITIONER IS CONCERN AND ETC., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16941 WP No. 16997 of 2023 THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "i) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 30.06.2023 passed by the 1st respondent herein in mater bearing JRM/DDS/742/2021-22 (Annexure A), in so for as petitioner is concern. ii) Issue a writ order or direction in the nature of mandamus directing the Respondent No.2 herein to consider his representation dated 13.06.2023 (Annexure B). iii) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter." 2. The grievance of the petitioner is that the impugned order at Annexure-A passed by respondent No.1 - Assistant Registrar of Co-operative Societies (hereinafter referred to as 'ARCS') is an exparte order. The petitioner could not contest the said matter. His submission is that the - 3 - NC: 2025:KHC:16941 WP No. 16997 of 2023 petitioner has a good case in law and if he is permitted to contest the matter, he may be successful. 3. A perusal of Annexure-A indicates that the ARCS has proceeded on the basis of notice having been served and there being no appearance on the part of the petitioner. Considering that the matter relates to a loan transaction, an opportunity would have to be granted to the petitioner to defend the same. 4. Hence, I pass the following: ORDER (i) Writ Petition is allowed. (ii) Certiorari is issued. The order dated 30.06.2023 passed by respondent No.1 at Annexure-A is quashed. (iii) The matter is remitted to respondent No.1 for fresh consideration. (iv) Since the order is passed in the presence of both the counsels, petitioner and respondent No.2 shall appear before respondent No.1 without requirement of any further notice at 3.00 p.m. on 19.05.2025. - 4 - NC: 2025:KHC:16941 WP No. 16997 of 2023 (v) The petitioner would be entitled to file statement of objections along with any documents that he relying upon on the said date i.e., 19.05.2025 without seeking for any adjournment. (vi) If any adjournment is sought for, the indulgence extended by this Court in the present matter shall stand rescinded. Once the objections is filed by the petitioner, the ARCS is directed to proceed in accordance with law and dispose off the case as expeditiously as possible. (vii) It is made clear that this Court has not expressed any opinion on merits. SD/- (SURAJ GOVINDARAJ) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 33