- 1 - HC-KAR NC: 2025:KHC:25616 WP No. 12638 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.12638 OF 2025 (CS-RES) BETWEEN: RACHAN CHANDRA REDDY S/O. CHANDRA REDDY AGED ABOUT 42 YEARS, RESIDING AT WARD NO.33 ‘CHANDIRA’ 18TH CROSS, SECTOR – VII HSR LAYOUT, BENGALURU-560 102. …PETITIONER (BY SRI T. DADAKHALANDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, 6TH FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. BY ITS ADDITIONAL CHIEF SECRETARY. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (UNDER RULE 441) KARNATAKA STATE SOUHARDHA SAMYUKTHA FEDERATION SAHAKARI BELAGAVI DIVISION NO.1119/B, KANABARAGI INDUSTRIAL AREA NEAR RURAL AYURVEDIC COLLEGE AUTO NAGAR, BELAGAVI-590 015. 3. KADAMBA SOUHARDHA SAHAKARI KARNATAKA STATE CO-OPERATIVE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25616 WP No. 12638 of 2025 EMPLOYEES ASSOCIATION BUILDING OPP: TALUK PANCHAYATH SIRSI – 581 401 NORTH KANNADA DISTRICT. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED UNDER THE KARNATAKA SOUHARDHA SAHAKARI ACT, 1997 RESPONDENT NOS.2 AND 3 IN ORIGINAL PROCEEDINGS NO.DRD/KSS/4035/2023-24 WERE THE SURITES AND NO RELIEF SOUGHT AGAINST THEM. HENCE THEY ARE NOT MADE AS PARTIES TO THIS WRIT PETITION. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 & R-2; SRI C.S. SATISH, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTERIM ORDER OF REJECTION DATED 04/04/2025 PASSED BY THE R2 ON AN IA NO.3 AND 4 FILED BY THE PETITIONER HEREIN IN DISPUTE BEARING NO.DRD/KSSS/4035/2023-24 VIDE ANNEXURE-E, CONSEQUENTLY PERMISSION MAY GRANT FOR FURTHER CROSS EXAMINATION OF PW-1 BY RECALLING THE STATE AND WITNESS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Quash the interim order of rejection dated 04/04/2025 passed by the Respondent No.2 on an IA No.3 and 4 filed by the petitioner herein in - 3 - HC-KAR NC: 2025:KHC:25616 WP No. 12638 of 2025 dispute bearing No.DRD/KSSS/4035/2023-24 vide Annexure-E, consequently permission may grant for further cross examination of PW-1 by recalling the state and witness. b. Pass such other order/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. The grievance of the petitioner is that the request made by the petitioner for permission to cross- examine the witness of respondent No.3 viz., PW-1 was rejected. 3. The submission of Sri.T.Dadakhalandar., learned counsel for the petitioner is that, if the petitioner is deprived of cross-examining PW-1 the interest of the petitioner would suffer. He submits that the petitioner would cross-examine PW-1 on the very next date the matter is listed as also endeavor to complete the cross-examination on the very same day. 4. In that view of the matter, the proceedings being that for recovery initiated by the Bank against the petitioner, I am of the considered opinion, the - 4 - HC-KAR NC: 2025:KHC:25616 WP No. 12638 of 2025 petitioner ought to be given opportunity to defend himself by cross-examining PW-1 appropriately. As such I pass the following; ORDER i. The writ petition is disposed of. ii. The order dated 04.04.2025 dismissing IA No.3 and 4 filed by the petitioner is set aside. Consequently, IA No.3 and 4 are allowed, PW-1 is recalled, the petitioner is permitted to cross- examine PW-1 on the next date when the matter is listed i.e, 1.8.2025 without seeking for any adjournments. iii. In the event of any adjournment is sought for, this order would stand rescinded, and the petitioner would not be entitled for the benefit of this order. iv. The submission of Sri.T.Dadakhalandra., learned counsel for the petitioner that - 5 - HC-KAR NC: 2025:KHC:25616 WP No. 12638 of 2025 immediately thereafter on the very next date the matter is posted, the petitioner would file his affidavit in lieu of evidence is placed on record. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 72