Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:7460 WP No. 3750 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3750 OF 2026 (GM-CFA) BETWEEN:
SMT. D. S. SRIDEVI W/O. SRI. D.N. SRINIVASA, AGED ABOUT 52 YEARS, RESIDING AT NO.2, 2ND MAIN ROAD, 3RD STAGE, J.P. NAGAR, BENGALURU-560078. …PETITIONER (BY SRI. PRASANNA KUMAR R S.,ADVOCATE) AND:
1.
JOINT REGISTRAR OF CHITS, NORTH ZONE, 8TH CROSS, MARGOSA ROAD, SAHAKARA SOUDA, MALLESHWARAM, BENGALURU- 560003.
2.
THE DEPUTY REGISTRAR OF CHIT 1ST ZONE, 8TH CROSS, MARGOSA ROAD, SAHAKARA SOUDA, MALLESHWARAM, BENGALURU- 560003.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:7460 WP No. 3750 of 2026
3.
M/S. SANSAGAR CHITS PVT. LTD., COMPANY REGISTERED UNDER CHIT FUND ACT) NO.46/47, C.S. TOWERS, 3RD FLOOR, THIMMAIAH ROAD, 1ST STAGE, 5TH PHASE, WOC ROAD, BENGALURU- 560010 REP BY ITS POWER OF ATTORNEY HOLDER SRI. D. GURUMURTHY.
…RESPONDENTS (BY SMT SARITHA KULKARNI, AGA FOR R1 & R2;
BY SRI.ANJANEYA A B., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO- SET ASIDE/QUASH THE IMPUGNED ORDER DATED 19.11.2025 PASSED BY THE JOINT REGISTRAR OF CHITS NORTH ZONE SAHAKARA SOUDA, MALLESHWARAM, BENGALURU IN APPEAL NO.
JRB/23/2024-25 VIDE ANNEXURE-A AND ORDER DATED 06.03.2020, PASSED BY THE DEPUTY REGISTRAR OF CHITS, 1ST ZONE SAHAKARA SOUDHA AT BENGALURU IN DISPUTE NO. DRB/1ST ZONE/CFS/124/2017-18 VIDE ANNEXURE-B.
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HC-KAR NC: 2026:KHC:7460 WP No. 3750 of 2026
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 petitioner has called in question the second respondent's order dated 06.03.2020 in Dispute No.DRB/1ST ZONE/CFS/124/2017-18 [Annexure-B] and the first respondent's next
order dated 19.11.2025 in Appeal No.JRB/ CHITS/ APPEAL/ 23/ 2024-25 [Annexure-A]. These impugned orders are under the provisions of the Chit Funds Act, 1982 [for short, 'the Act'], and the petitioner is served with the notice of the enforcement proceedings commenced by the third respondent.
2. Sri R S Prasanna Kumar, the learned counsel for the petitioner, relying upon the petition averments, submits that this Court must interfere with the impugned orders because the petitioner
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HC-KAR NC: 2026:KHC:7460 WP No. 3750 of 2026
must be extended a reasonable opportunity to demonstrate that the third respondent's claim under the Act is despite the petitioner repaying certain amounts, and the learned counsel in elaboration, submits that the petitioner was not served with the notice in the original proceedings and it is only after coming to know about the enforcement proceedings that the appeal is filed.
3. Sri Anjaneya A B, the learned counsel who is on record for the third respondent, refuting these assertions canvasses that the third respondent's claim is after giving deductions to all the amounts that the petitioner has paid and that a memo of calculation has been filed in the pending execution proceedings. The learned counsel also canvasses that even if the petitioner can demonstrate that certain amounts other than those mentioned in the memo of calculation is deposited, that could be considered in the execution proceedings in Ex.
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HC-KAR NC: 2026:KHC:7460 WP No. 3750 of 2026
No.814/2022 by the XII Additional City Civil and Sessions Judge, Bengaluru [for short, 'the Executing Court'].
4. These circumstances are examined in the light of the expanse of jurisdiction under Section 47 of the Code of Civil Procedure, 1908 which should be available to the executing Court when it is enforcing the impugned orders. If the petitioner can demonstrate that certain amounts have been paid but not accounted for, the Executing Court should consider the same with due opportunity and then proceed to pass orders. In the light of the afore, the following:
ORDER
[a] The petition stands disposed of accordingly.
[b] The Executing Court shall dispose of the controversy over the memo of
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HC-KAR NC: 2026:KHC:7460 WP No. 3750 of 2026
calculation being filed excluding the amounts that have been credited expeditiously, subject to its board, over the next six months.
SD/- (B M SHYAM PRASAD) JUDGE AN/-