- 1 - HC-KAR NC: 2025:KHC:22760 WP No. 33505 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33505 OF 2024 (GM-CPC) BETWEEN: SRI ALLAVALI BASHA K., S/O K.NABI SAHEB, AGED ABOUT 49 YEARS, NO.700, L.B.COLONY , SANDUR TALUK, BELLARY DISTRICT – 583 119. …PETITIONER (BY SRI PRASHANTH M. M., ADVOCATE) AND: 1. THE COMPETENT AUTHORITY FOR AHANA SOUHARDA CREDIT CO-OPERATIVE SOCIETY LTD., 3RD FLOOR, MINI V.V.TOWER, PODIUM BLOCK, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001 REPRESENTED BY ITS COMPETENT AUTHORITY SRI SUDARSHAN B. K., ASSISTANT COMMISSIONER, AGED ABOUT 33 YEARS. 2. AHANA SOUHARDA CREDIT CO-OPERATIVE SOCIETY LTD., HOSPETE, VIJAYANAGARA DISTRICT, REPRESENTED BY ITS CHAIRMAN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22760 WP No. 33505 of 2024 SHRI SATHISH S. M., S/O S.M.KOTRABASIAH, 5TH WARD BEHIND VIVEKANANDA SCHOOL, RANI PETE, HOSPETE – 583 201. …RESPONDENTS (BY SRI VEERESH R.BUDIHAL, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 12.12.2024) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 18.09.2024 PASSED BY THE HONBLE XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-92) IN INTERLOCUTORY APPLICATION NO. 3 ORDER 13 RULE 10 READ WITH SECTION 151 OF CPC IN MISC NO. 573/2024 (ANNX-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "a) SET-ASIDE the order dated 18/09/2024 passed by the Hon'ble XCI Additional City Civil and Sessions Judge Bengaluru (CCH-92) in Interlocutory Application No.3 Order 13 Rule 10 Read with Section 151 of CPC in Misc No.573/2024 (ANNEXURE-A). b) ALLOW the Interlocutory Application No.3 Order 13 Rule 10 Read with Section 151 of CPC filed by the Petitioner in Misc No.573/2024 pending on the file of the - 3 - HC-KAR NC: 2025:KHC:22760 WP No. 33505 of 2024 Hon'ble XCI Additional City Civil and Session Judge Bengaluru (CCH-92) (ANNEXURE-B). c) PASS any such other Order/s as this Hon'ble Court may deem fit and proper in facts of the case in the interest of justice." 2. Heard Sri.Prashanth H.M., learned counsel appearing for the petitioner and Sri.Veeresh R Budihal, learned counsel appearing for respondent No.1. 3. What is called in question is an order passed by the concerned Court in Miscellaneous No.573/2024 rejecting the claim of the petitioner for production of withdrawal vouchers which are said to be in the custody of the competent authority- respondent No.1. The learned counsel Sri.Veeresh R Budihal representing respondent No.1 submits that the matter has to be placed before the Appellate Court by filing a Miscellaneous First Appeal under Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004. 4. In that light, I deem it appropriate to dispose the petition reserving liberty to the petitioner to approach the - 4 - HC-KAR NC: 2025:KHC:22760 WP No. 33505 of 2024 appellate Fora by filing a Miscellaneous First Appeal as obtaining under Section 16 of the Act. 5. In the light of the interim order subsisting, the same shall continue for a period of three weeks from today to enable the petitioner to approach the appellate court. Ordered accordingly. The originals appended to this petition, if any, shall be forthwith handed over by the Registry to the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 74 CT:SS