- 1 - HC-KAR NC: 2025:KHC:25418 WP No. 16413 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16413 OF 2025 (CS-RES) BETWEEN: MR. ASHOK C AGED 59 YEARS. R/AT NO.13, MANJUNATHA COTTAGE, CHIKKABBAYYA ROAD, 8TH CROSS, NAGAVARAPALYA, C V RAMAN NAGAR POST, BANGALORE - 560 093. …PETITIONER (BY SRI. RISHI N. UMESH, ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER, 4TH ZONE BANGALORE URBAN, OFFICE AT: NO.146, SAHAKARA SAUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE - 560 003. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25418 WP No. 16413 of 2025 2. ADISHAKTI THOTAGARARA PATHINA CO-OPERATIVE SOCIETY, REP. BY ITS AUTHORIZED OFFICER, OFFICE AT NO.1, R S ANUGRAHA, 1ST FLOOR, 6TH CROSS, 8TH MAIN ROAD, SAMPANGIRAM NAGAR, BANGALORE 560 027. REP. BY COMPANY SOCIETIES ACT. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1; SRI. M J ALVA, ADV. FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AUCTION NOTICE DATED 20.02.2025 ISSUED BY THE R1 IN THE CAPTIONED MATTER VIDE ANNEXURE -A BEARING NO. CEP NO. ARB- 4/AMALJARI/145/21-22. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25418 WP No. 16413 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief: "a. Set aside the auction Notice dated 20.02.2025 issued by the Respondent No.1 in the captioned matter vide Annexure - A bearing No.C.E.P. No.ARB-4/Amaljari/145/21/22; b. Pass any other order/s as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioner submits that the rate of interest being charged by the respondent - bank is not proper. 3. If that be so, it is for the petitioner to challenge the ex-parte award before the Karnataka Appellate Tribunal in terms of Section 105(1)(c) of the Karnataka Cooperative Societies Act. 4. Reserving liberty to approach the KAT, the petition stands disposed. - 4 - HC-KAR NC: 2025:KHC:25418 WP No. 16413 of 2025 5. Pending applications, if any, are disposed off. Sd/- (SURAJ GOVINDARAJ) JUDGE KG List No.: 1 Sl No.: 16