- 1 - HC-KAR NC: 2025:KHC:38708 WP No. 27651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27651 OF 2025 (CS-RES) BETWEEN: 1. M/S. BREMELS RUBBER INDUSTRIES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.12, AUSTEN INFRASTRUCTURE LTD., SPECIAL ECONOMIC ZONE PHALIMAR, NANDIKURU VILLAGE, PADUBIDRE POST, KAPU TALUK, UDUPI DISTRICT-574111 REPRESENTED BY ITS MANAGING DIRECTOR SRI NISCHITH B SHETTY 2. SRI. NISCHITH B SHETTY S/O BHASKAR SHETTY AGED ABOUT 49 YEARS, R/AT NO.115/A, 9TH MAIN ROAD, RMV EXTENSION, SADASHIVANAGAR BENGALURU-560080 3. SRI. ADITH B SHETTY S/O BHASKAR SHETTY AGED ABOUT 42 YEARS, R/AT NO.115/A, 9TH MAIN ROAD RMV EXTENSION, SADASHIVANAGAR BENGALURU-560080 …PETITIONERS (BY SRI. MADHUKAR M.D., ADVOCATE) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38708 WP No. 27651 of 2025 AND: 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, NEW SAYYAJI RAO ROAD, MYSORE-570024. 2. SOUTH CANARA DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, NO.113, MANGALORE-575003 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. YOGESH D. NAIK, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. RAKSHITH KUMAR, ADVOCATE FOR RESPONDENT NO.2 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 08.09.2025 PASSED BY THE 1ST RESPONDENT IN JRM/DDS/71/2022-23 (ANNEXURE-A) IN CLOSING THE CROSS EXAMINATION OF PW.1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged an order dated 08.09.2025 passed by the respondent No.1 in dispute No.JRM/DDS/71/2022-23 whereby it closed the cross- examination of PW.1.. - 3 - HC-KAR NC: 2025:KHC:38708 WP No. 27651 of 2025 2. The sum and substance of the case of the petitioners is that the respondent No.2 had initiated proceedings before the respondent No.1 under Section 70 of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act, 1959' for short). The petitioners filed an application to recall PW.1 and the respondent No.2 sought time to file statement of objections to the said application. The respondent No.1 allowed the said application subject to the condition that the petitioners concluded the cross-examination of PW.1 on 08.09.2025 itself. As the petitioners failed to conclude the cross-examination on that day, the respondent No.1 closed the cross-examination of PW.1 and posted the case to record evidence of respondents. 3. The learned counsel for the petitioners submits that the case is posted before the respondent No.1 on 29.09.2025 for arguments. He submits that he would go on with the case without seeking any adjournment and cross-examine the plaintiffs' witness. He also undertakes that without any further delay, he would lead evidence and cooperate for the early - 4 - HC-KAR NC: 2025:KHC:38708 WP No. 27651 of 2025 conclusion of the proceedings before the respondent No.1 on the next date of hearing i.e., on 29.09.2025. 5. The learned counsel for the respondents though opposed against showing any indulgence to the petitioners, submitted that if the petitioners cross-examine PW.1 before the respondent No.1 on 29.09.2025, he would not have any objection to undo the order dated 08.09.2025 passed by the respondent No.1. He also submits that the respondent No.2 should be reserved liberty to pursue the application filed by it to summon documents from the petitioners. 6. In view of the above, this writ petition stands disposed off on the following terms: (i) The order dated 08.09.2025 passed by the respondent No.1 in dispute No.JRM/DDS/71/2022- 23 is set aside. (ii) The petitioners shall appear before the respondent No.1 on 29.09.2025 and cross-examine PW.1 and also lead evidence. (iii) The respondent No.1 is directed to dispose off the proceedings as expeditiously as possible at any rate - 5 - HC-KAR NC: 2025:KHC:38708 WP No. 27651 of 2025 within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 125