- 1 - HC-KAR NC: 2025:KHC:32303 WP No. 12950 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 12950 OF 2025 (GM-CFA) BETWEEN: 1. CHOTI JAN D/O MOHABOOB ALI KHAN AGED ABOUT 53YEARS R/AT 3RD MAIN, 2ND CROSS, K.T.J NAGAR, NEAR ANJANEYA TEMPLE, DAVANAGERE - 577001. 2. C.K ISHRATH PASHA S/O C.A.J ABDUL KHADAR AGED ABOUT 63 YEARS R/AT 111/37, SIDDESHWARA MILL COMPOUND, SHESHAM LAYOUT, NITTUVALLI, DAVANAGERE -577001. 3. MAHIYA D/O C.K ISHRATH PASHA AGED ABOUT30 YEARS R/AT 111/37, SIDDESHWARA MILL COMPOUND, SHESHAM LAYOUT NITTUAVALLI, DAVANAGERE- 577001. …PETITIONERS (BY SRI. ZAMEER PASHA.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32303 WP No. 12950 of 2025 AND: 1. DEPUTY REGISTRAR OF CHITS AND COOPEATIVE SOCIETIES CO OPERATIVE SOCIETIES DAVANAGERE-577002. 2. M/S MARUTI CHITS FUND NO. 723/1, 11TH CROSS, KB EXTENSION, DAVANAGERE-577004 REGISTERED UNDER CHIT FUNDS ACT 1982. 3. MANSOOR AHAMED B S/O BASHEER AHAMED, R/AT 3RD MAIN, 8TH CROSS, K.T.J NAGARA, DAVANAGERE-577001. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER IN CASE NO.D.R -DVG -CHIT -39 - 2023-24 17-05-2024 VIDE ANNEXURE-A PASSED BY RESPONDENT NO.1. - 3 - HC-KAR NC: 2025:KHC:32303 WP No. 12950 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are aggrieved by the first respondent's Order dated 17.05.2024 [Annexure-A] directing the petitioners and the third respondent to pay a sum of Rs.8,98,020/- with interest at a rate of 18% apart from the cost of proceedings. Mr Zameer Pasha, the learned counsel for the petitioners, submits that the petitioners' principal grievance stems from the fact that the first respondent's order is an ex parte order. Mr Shamanth Naik. a learned High Court Government Pleader, who is called upon to accept notice for the first respondent, is heard in the light of this grievance. This Court must opine that if the petitioners are aggrieved by an ex parte order, they - 4 - HC-KAR NC: 2025:KHC:32303 WP No. 12950 of 2025 must necessarily avail the remedy either before the first respondent for recall or other remedy available and this Court cannot intervene to decide on the circumstances in which the petitioners were placed ex parte. With liberty in this regard, subject to all just exceptions, the petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE AN/-