- 1 - HC-KAR NC: 2025:KHC:28244 WP No. 21210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21210 OF 2025 (CS-RES) BETWEEN: DR.ANAND G.S. S/O SHIVAPRASAD G, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/A NO.253, 17TH CROSS, SADASHIVANAGAR, BENGALURU - 560 080. …PETITIONER (BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE) AND: 1. THE DEPUTY REGISTRAR, KARNATAKA STATE SOUHARDA FEDERAL COOPERATIVE LTD., SOUHARDA SAHAKARI SOUDHA, NO.68, 1ST FLOOR, E MAIN ROAD, MARGOSA ROAD, MALLESWARAM, BENGALURU - 560 003. (CO-OPERATIVE SOCIETY REGISTERED UNDER KARNATAKA SOUHARDHA SAHAKARI ACT, 1997) 2. THE RECOVERY OFFICER AND ASST. REGISTRAR OF CO-OPERATIVE SOCIETY KARNATAKA STATE SOUHARDA FEDERAL COOPERATIVE LTD., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28244 WP No. 21210 of 2025 SOUHARDA SAHAKARI SOUDHA, NO.68, 1ST FLOOR, E MAIN ROAD, MARGOSA ROAD, MALLESWARAM, BENGALURU - 560 003. 3. THE PRESIDENT, SHIVASHREE SOUHARDA PATTINA SAHAKARI SANGHA NIYAMITHA, SHIVASHREE, 1ST FLOOR, 7TH CROSS, ASHOKNAGAR, TUMUKUR - 572 103, REP. BY THE CHIEF EXECUTIVE OFFICER (CO-OPERATIVE SOCIETY REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1912) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS A) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 10/02/2025 VIDE ANNEXURE-J PASSED ON IA NO.II IN APPEAL NO.281/2024 PASSED BY THE APPEALLATE COURT AND TO PERMIT THE PETITIONER TO RESTRICT THE AWARD AMOUNT ONLY TO THE 1ST LOAN IN A SUM OF RS.4,11,30,000/-AND TO DEPOSIT 25 PERCENTAGE OF THE SAID AMOUNT TOWARDS THE STATUTORY DEPOSIT TO BE MADE AS PER SECTION 105 (2) OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT ND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28244 WP No. 21210 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: “WHEREFORE, the Petitioner most humbly prays that this Hon'ble Court may be pleased to call for relevant records; a) ISSUE a writ of certiorari quashing the order dated 10/02/2025 vide Annexure-J passed on IA No.II in Appeal No.281/2024 passed by the Appeallate Court and to permit the petitioner to restrict the award amount only to the 1st loan in a sum of Rs.4,11,30,000/-and to deposit 25% of the said amount towards the statutory deposit to be made as per Section 105 (2) of the Karnataka Co- operative Societies Act; b) ISSUE a writ of certiorari quashing the order bearing No. K.Rau.Sau. Sam.S.Ni/ S.Sam.S.Ni/010/ 2024-25 dated 19/10/2024 passed by the 2nd respondent vide Annexure-K and to pass appropriate orders in the interest of justice and equity; c) ISSUE any other incidental and consequential order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioner had filed an appeal challenging the award passed under Section 70 of the Karnataka Cooperative Societies Act, has called upon to make payment of the pre-deposit on the entire award amount of - 4 - HC-KAR NC: 2025:KHC:28244 WP No. 21210 of 2025 Rs.10,77,58,968/-. An affidavit of the petitioner had been filed. The petitioner in the said affidavit has categorically stated that the appeal is restricted to the award amount in respect of one of the loans i.e., Rs.4,60,00,000/- and that the petitioner is not disputing the award in respect of the other loan where an amount of Rs.6,19,20,000/- is awarded and on that basis, he submitted that the pre -deposit may be restricted to the disputed award of the amount of Rs.4,60,00,000/-. 3. In view of the said submission made by learned counsel for the petitioner that the appeal is restricted to 4,60,00,000/-, the following order is passed: ORDER i. Writ petition is allowed. ii. Certiorari is issued. Order dated 10.02.2025 at Annexure-J and order dated 19.10.2024 at Annexure-K are quashed. iii. The registry of the Karnataka Appellate Tribunal is directed to consider the pre-deposit as - 5 - HC-KAR NC: 2025:KHC:28244 WP No. 21210 of 2025 indicated in the present order and take up the appeal for disposal in accordance with law. SD/- (SURAJ GOVINDARAJ) JUDGE KAV List No.: 1 Sl No.: 43 CT: BHK