- 1 - HC-KAR NC: 2025:KHC:27479 WP No. 20253 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20253 OF 2019 (GM-CFA) BETWEEN: THE MANAGER M/S SRIRAM CHITS (KAR) PVT LTD OFFICE HAVING AT NO.597/355 KASARAVALLI COMPLEX 1ST FLOOR, NEAR KRISHNA COFFEE B H ROAD, SHIMOGGA-577201 REP BY ITS GPA HOLDER MANJUNATH GOWDA …PETITIONER (BY SRI. RAJESWARA P N.,ADVOCATE) AND: 1. SRI SIDDAIAH T S/O KULLA MADEGOWDA AGED ABOUT 61 YEARS, R/AT MALLIKARJUN PRASANNA 6TH CROSS, NEAR GAYATHRI TEMPLE KRUSHI NAGARA SHIMOGGA-577201 2. THE DEPUTY REGISTRAR CO OPERATIVE SOCIETIES AND CHITS SAHAKAR BHAVAN, 1ST FLOOR, DC OFFICE PREMISES SHIVAMOGGA-577201 3. THE JOINT REGISTRAR CO OPERATIVE SOCIETIES AND CHITS BENGALURU REGION SAHAKRA SAUDHA, 3RD FLOOR, NO.146, 3RD MAIN ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27479 WP No. 20253 of 2019 8TH CROSS, MARGOSA ROAD, MALLESWARAM BENGALURU-560003 …RESPONDENTS (BY SRI. M. SRINIVAS KUMAR., HCGP FOR R2 & R3; SRI. S.P. RAMESHA., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DTD. 29.01.2019 PASSED BY THE R-3 JOINT REGISTER CO-OPERATIVE SOCIETY, BENGALURU (ANNX-A) AND ETC. THIS WRIT 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. Set aside the order dated 29.01.2019 in JRB/Chits/Appeal28/2017-2018 passed by the 3rd Respondent Joint Register Co-operative Society, Bengaluru (Annexure-A); b. Set aside the order dated 18.01.2018 in Dispute R43/2017-2018 passed by the Nominee of 2nd Respondent Deputy Registrar Co-operative Society, Shivamogga (Annexure-J) c. Pass such other order/s as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:27479 WP No. 20253 of 2019 2. The grievance of the petitioner is that when the matter was posted for consideration of Interlocutory Application for stay, respondent No.3-Joint Registrar has disposed of the appeal without the matter being posted for arguments on merits. 3. A perusal of the order sheet produced at Annexure-P indicates that no opportunity of hearing was afforded to the petitioner before passing the order. 4. In that view of the matter, I pass the following: ORDER i. The petition is allowed. ii. The impugned order dated 29.01.2019 in JRB/Chits/appeal 28/2017-18 at Annexure-A and order dated 18.01.2018 in Dispute No.43/2017-18 at Annexure-B are set-aside. iii. The matter is remitted to respondent No.3 for fresh consideration. iv. Respondent No.3 is directed to afford an opportunity of hearing to the petitioner and respondent No.1 and thereafter dispose of the matter. - 4 - HC-KAR NC: 2025:KHC:27479 WP No. 20253 of 2019 v. Interim order earlier granted is extended till disposal of the appeal by respondent No.3. vi. Since the order is passed in the presence of both the counsels, petitioner and respondent No.1 shall appear before respondent No.3 without requirement of any notice on 31.07.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 78