- 1 - HC-KAR NC: 2025:KHC-D:10797 WP No. 104801 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104801 OF 2025 (GM-CON) BETWEEN: 1. SRI. BABURAO B RANE, AGE: 93 YEARS, OCC: THE PRESIDENT OF THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: WAGHWADA, CHITTAKULA, SADASHIVGAD, DIST: KARWAR-581 352. 2. SRI ANANDU F GAONKAR, AGE: 79 YEARS, OCC: VICE PRESIDENT OF THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: ULGA, DIST: KARWAR-581 328. 3. SRI DEVIDAS S DESAI, AGE: 69 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: DEVAWADA, DIST: KARWAR-581 360. 4. SRI GOPINATH R NAIK, AGE: 72 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: DEVAWADA, DIST: KARWAR-581 360. 5. SRI KRISHNA S NAIK, AGE: 73 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: BANDISHITTA, BAAD, DIST: KARWAR-581 306. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10797 WP No. 104801 of 2025 6. SRI MANJUNATH R PAWAR, AGE: 56 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: BANDISHITTA, BAAD, DIST: KARWAR-581 306. 7. SRI RAMESH S SHEDAGULKAR, AGE: 71 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: DANDEBAGH, MAJALI, DIST: KARWAR-581 345. 8. SRI RATNAKAR A NAIK, AGE: 71 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. R/O: BETHNAIKWADA, SADASHIVGAD, DIST: KARWAR-581 352. 9. SMT. RUPALI D DESAI, AGE: 76 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD., R/O: DESAIWADA, SADASHIVGAD, DIST: KARWAR-581 352. 10. SMT. RESHMA R NAIK, AGE: 69 YEARS, OCC: DIRECTOR, THE ASHRAY CO OPERATIVE CREDIT SOCIETY LTD., R/O: K.H.B. COLONY, DIST: KARWAR-581 314. (NOTE: THE RESPONDENT NO. 5 IN CC NO. 35/2023 IS DISMISSED. HENCE, HE IS NOT MADE AS A PARTY) …PETITIONERS (BY SRI. S.B. YAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, - 3 - HC-KAR NC: 2025:KHC-D:10797 WP No. 104801 of 2025 VIKAS SOUDHA, AMBEDKAR VIDHI, BENGALURU-560001. 2. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETY, MINI-VIDHAN SOUDHA, KARWAR-581301. 3. SRI. PURUSHOTTAM N. GAONKAR, AGE: 70 YEARS, OCC: PENSIONER, R/O: OPP. TO DENA BANK, 3 YAMUNA HARI KRUPA NO. II, CHS DIYONAR GOVANDI, T.F DONAR S.O. MUMBAI, MAHARASHTRA-400088. 4. SMT. UMA P. GAONKAR, AGE: 66 YEARS, OCC: PENSIONER, R/O: OPP. TO DENA BANK, 3 YAMUNA HARI KRUPA NO. II, CHS DIYONAR GOVANDI, T.F DONAR S.O. MUMBAI, MAHARASHTRA-400088, 5. ASHRAY CO OPERATIVE CREDIT SOCIETY LTD. SADASHIVGAD KARWAR, REP. BY IT'S A PRESIDENT, SHIVANAND HEMA NAIK, AGE: 62 YEARS, OCC: BUSINESS, R/O: HABBUWADA, KARWAR-581 304. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R AND R2; SRI. J.S. SHETTY, ADVOCATE FOR C/R3 AND R4; SRI. GIRISH A. YADAWAD, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,A) ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 05/05/2025 ON IA NO-I BY THE UTTARA KANNADA DISTRICT CONSUMERS DISPUTE REDRESSAL COMMISSION KARWAR IN E.A. NO. 27/2024 REJECTING THE APPLICATION FILED UNDER ORDER 1 RULE 10 - 4 - HC-KAR NC: 2025:KHC-D:10797 WP No. 104801 of 2025 OF CPC VIDE ANNEXURE-J. CONSEQUENTLY, THE APPLICATION MAY BE ALLOWED AND THE UTTARA KANNADA DISTRICT CONSUMERS DISPUTE REDRESSAL COMMISSION KARWAR MAY BE DIRECTED TO IMPLEAD THE ELECTED BOARD OF DIRECTORS OF THE RESPONDENT NO. 5 SOCIETY AS THE JD IN THE PENDING PROCEEDINGS E.A NO. 27/2024.B) TO ISSUE ANY OTHER ORDER, ORDERS OR DIRECTIONS SUCH OTHER RELIEF AS THE HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ of certiorari and quash the order dated 05/05/2025 on IA No-I by the Uttara Kannada District Consumers Dispute Redressal Commission Karwar in E.A. No. 27/2024 rejecting the application filed under Order 1 Rule 10 of CPC vide Annexure-J. Consequently, the application may be allowed and the Uttara Kannada District Consumers Dispute Redressal Commission Karwar may be directed to implead the elected Board of Directors of the respondent No. 5 society as the JD in the pending proceedings E.A No. 27/2024. b) To issue any other order, orders or directions such other relief as the Hon'ble Court may deems fit in the facts and circumstances of the case in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC-D:10797 WP No. 104801 of 2025 2. What has been challenged in the present matter is an order passed by the Uttara Kannada District Consumer Disputes Redressal Commission, Karwar, in Execution Application No.27 of 2024, rejecting the application filed and Order I Rule 10 of the Code of Civil Procedure. 3. Learned counsel for the petitioner, when enquired about the maintainability, submits that it is not the final order which has been challenged, but a interlocutory order which has been challenged and as such, the writ petition is maintainable. 4. The writ petition is not maintainable insofar as consumer matters are concerned, since there is an alternative efficacious remedy available for the petitioners to file necessary proceeding before the Karnataka State Consumer Redressal Commission. As such, where the order passed is interlocutory or final, the petitioners having such an alternative efficacious - 6 - HC-KAR NC: 2025:KHC-D:10797 WP No. 104801 of 2025 remedy, the petition stands dismissed reserving such alternative remedy. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA List No.: 1 Sl No.: 71