- 1 - NC: 2025:KHC:6323 WP No. 33103 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION No. 33103 OF 2024 (CS-RES) BETWEEN: 1. SRI SYED AMANULLA, S/O SYED ABUDL GAFOOR, AGED ABOUT 75 YEARS, R/AT No.2/4, 7TH CROSS, H. SIDDAIAH ROAD, BANGALORE 560027. 2. SRI. IQBAL SIDDIQUI @ IQBAL AHMED SIDDIQUI, S/O SHAIK DAWOOD SIDDIQUI,, AGED ABOUT 71 YEARS, C/O HAJ CORPORATION OF INDIA, No.17, DISPENSARY ROAD, BENGALURU 560001. 3. SRI. S.M.JAWAD, S/O S.A.SALAM, AGED ABOUT 70 YEARS, R/AT No. S-22, 80 FEET MAIN ROAD, K.H.B. COLONY, KORAMANGALA, BENGALURU-560095. …PETITIONERS (BY SRI P. ANAND, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6323 WP No. 33103 of 2024 AND: 1. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES SOCIETIES (U/R 441), ARBITRATION COURT, KARNATAKA STATE CO OPERATIVE URBAN BANKS' FEDERATION, K.H. ROAD, BANGALORE 560027. 2. BANGALORE MERCHANTILE COOPERATIVE BANK LIMITED., HAVING ITS REGISTERED OFFICE AT No.49, HOSPITAL ROAD, SHIVAJINAGAR, BENGALURU-560001. REP. BY ITS LIQUIDATOR. REGISTERED UNDER BANK REGISTRATION ACT, 1960. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, No.1, ALI ASKER ROAD, BENGALURU-560 052. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (URBAN BANK CELL), No.1, ALI ASKER ROAD, BENGALURU-560 052. 5. SRI. ALTAF HUSSAIN, S/O. BAQUER HUSSAIN, AGED ABOUT 76 YEARS, No.5, VEERABHADRA MUDALIAR ROAD, CLEVE LAND TOWN, BENGALURU-560025. 6. SMT. SHABANA KHALID, W/O KHALID, AGED ABOUT 71 YEARS, R/AT No.813, 5TH CROSS, - 3 - NC: 2025:KHC:6323 WP No. 33103 of 2024 12TH MAIN, KORAMANGALA IV BLOCK, BANGALORE-560034. 7. SMT. NOOR FATHIMA, W/O. JAMEEL AHMED KHAN, AGED ABOUT 59 YEARS, R/AT No. 261, 6TH CROSS, 1ST MAIN, DOMMALUR LAYOUT, BENGALURU-560071. 8. SRI. MOHAMMED SHAFIK ARSHAD, S/O. LATE RAHAMATHULLA, AGED ABOUT 65 YEARS, R/AT No.351, 12TH CROSS, 2ND BLOCK, JAYANAGAR, BENGALURU-560011. 9. SMT. NASEEM FARHATH, W/O MAAZ AHMED SHARIEFF, AGED ABOUT 72 YEARS, R/AT No.54, 8TH MAIN, KORAMANGALA 4TH BLOCK, BENGALURU-560034. 10. SRI. K. NARASIMHAIAH, FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 80 YEARS, R/AT No.9/5, 5TH MAIN, VIJAYANAGAR, BANGALORE-560040. 11. SRI. MALLIKARJUNA, S/O. GOPALAKRISHA SETTY, AGED ABOUT 55 YEARS, R/AT No.382/2, BETWEEN 8TH AND 9TH CROSS, FISH CORNER, MALLESHWARAM, BANGALORE-560003. - 4 - NC: 2025:KHC:6323 WP No. 33103 of 2024 12. SMT. MASOOM ZEHAR, W/O. MIRZA MOHSIN AKHTAR, AGED ABOUT 45 YEARS, R/AT No.55/10, SOUTH CROSS STREET, MUNISWAMY GARDEN, NEELASANDRA, BANGALORE-560047. 13. SRI. B.S. BHASKAR, FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 50 YEARS, R/AT No.607, 6TH FLOOR, C WING, KUMARADHARA BLOCK, NATIONAL GAMES HOUSING COMPLEX, VIVEKNAGAR POST, KORAMANGALA, BANGALORE-560047. 14. SMT. TANUJA, W/O. SURESH, AGE MAJOR, R/AT No. 127, 7TH MAIN ROAD, WILSON GARDEN, BANGALORE-560030. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R1 & R2; SRI SUDHARSHAN, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R4 THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, (UB CELL), BENGALURU ON 13/04/2015 IN SURCHARGE CASE No. JRD/UBF/ADIBHARA-56/2010-11 ON THE FILE OF THE R4 AT ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:6323 WP No. 33103 of 2024 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent Nos.1, 3 and 4. 2. Petitioners seeks for the following prayers; "a) Issue a writ of certiorari or any other appropriate writ or order quashing the order passed by the Respondent No.4-the Joint Registrar of Co-operative Societies, (UB Cell), Bengaluru on 13.04.2015 in surcharge case No.JRD/UBF/ADIBHARA-56/2010-11 on the file of the Respondent No.4 at Annexure-A; and b) Pass any appropriate order declaring the whole surcharge proceedings initiated by the Respondent No.2 Bank against the Petitioners and others before the Respondent No.1 under Section 69 of the Act in Surcharge Case No.JRD/UBF/ADIBHARA/56/2010-11 as incompetent and without jurisdiction and to quash the said proceedings; and c) Pass such other order/s as may be deems fit under the facts and circumstances of the case, to meet the ends of justice and equity." 3. The petitioners challenge the order at Annexure-A passed by the respondent No.4 dismissing the application filed by respondent No.9, holding the surcharge case under Section 69 of the Karnataka Co-Operative - 6 - NC: 2025:KHC:6323 WP No. 33103 of 2024 Societies Act, 1959 (hereinafter referred to as 'the Act' for short) is maintainable. 4. Respondent No.9 herein filed an application under Section 151 of CPC before respondent No.1 seeking to decide the issue regarding the maintainability of the surcharge proceedings under Section 69 of the Act as a preliminary issue, which application was rejected and upheld in revision. In Writ Petition No.448/2015 filed by respondent No.9, this Court disposed of the writ petition with the direction to decide on the maintainability of the application filed under Section 69 of the Act after affording opportunity to respondent No.9. 5. Pursuant to the order in writ petition, respondent No.3 assigned the matter to respondent No.4 for deciding the matter. Respondent No.9 also filed a statement of objection raising the contention of maintainability of initiation of surcharge proceedings. By the impugned order dated 13.04.2015 held that the surcharge proceedings initiated are maintainable. - 7 - NC: 2025:KHC:6323 WP No. 33103 of 2024 6. Learned counsel for the petitioners would submit that the dismissal of respondent No.9’s application affects his legal right and that the proceedings suffer from legal infirmities. It is further submitted that the challenge is maintainable as the outcome of the dismissed application has an impact on the broader dispute. 7. Learned AGA would contend that the petitioners were not the original applicants and therefore has no locus standi to challenge the order. It is further submitted that the matter has attained finality which is not questioned by respondent No9. Further it is submitted the order impugned is of the year 2015 and grounds are made out for laches if the petitioner claims to be an aggrieved person. 8. The petitioners were not the original applicants, the challenge can only be made by the respondent No.9 who filed the application. The order impugned is dated 13.04.2015, respondent No.9 has not chosen to challenge the order, issue regarding maintainability has attained - 8 - NC: 2025:KHC:6323 WP No. 33103 of 2024 finality. The petitioners now cannot seek to reopen the matter which was settled long back by the order dated 13.04.2015. The petitioners have failed to demonstrate any valid reasons to entertain this petition, hence the following; ORDER 9. Writ petition is hereby dismissed as devoid of merits. Sd/- JUSTICE K.S. HEMALEKHA DDU List No.: 1 Sl No.: 2