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2026 DAILYLAW 13877 (KAR)

CHIEF EXECUTIVE OFFICER v. THE STATE OF KARNATAKA

WP/15581/2025 · 2026-03-03

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.15581 OF 2025 (GM-RES) BETWEEN: CHIEF EXECUTIVE OFFICER, TUMKUR MERCHANTS CREDIT, CO-OPERATIVE LIMITED, (A MULTI STATE CO-OPERATIVE SOCIETY) FIRST FLOOR, VEERASHAIVA KALYANA, MANTAPA BUILDING, JAYACHAMARAJENDRA ROAD, TUMKUR - 572 101. …PETITIONER (BY SRI. M. THANUSH MANCHIL, ADVOCATE FOR SRI. AKKI MANJUNATH GOWDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE MANAGER, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 ICICI BANK LIMITED, NO. 2640/518, SIDDAGANGA EXTENSION, SHIVAKUMAR SWAMY CIRCLE, NEXT TO VILASI HOTEL, BH ROAD, TUMKUR - 572101 …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1; SRI. FRANCIS XAVIER, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS DATED 29.06.2024 VIDE ANNEXURE-A DATED 01.07.2024 VIDE ANNEXURE-B AND LEGAL NOTICE DATED 08.10.2024 VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 ORAL ORDER The captioned petition is filed complaining of inaction on the part of respondent No.2 in not considering the representations submitted by the petitioner-Society. The petitioner has first submitted a representation dated 29.06.2024 vide Annexure-A, which was thereafter followed by a second representation dated 01.07.2024 vide Annexure-B and subsequently by issuance of a legal notice dated 08.10.2024 vide Annexure-C. The petitioner asserts that it is a registered Merchant’s Credit Co-operative Limited and a Multi-State Co-operative Society duly registered under the provisions governing Multi-State Co-operative Societies, holding a Certificate of Registration dated 19.11.2015. It is the specific case of the petitioner that despite submission of the aforesaid representations and legal notice, respondent No.2 has failed to consider the grievance ventilated by - 4 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 the petitioner, thereby compelling the petitioner to approach this Court seeking appropriate directions. 2. The principal grievance of the petitioner is that certain amounts have been deducted from the accounts maintained by the petitioner-Society without any prior intimation or communication to the petitioner. According to the petitioner, such deductions have been made unilaterally and without affording an opportunity to the petitioner to place its objections. In that regard, the petitioner has submitted detailed representations before respondent No.2 requesting that the amounts so deducted from the accounts be immediately reverted to the respective accounts along with interest at the rate of 18% per annum. The petitioner is further aggrieved by the action of respondent No.2 in freezing certain accounts of the petitioner-Society on the premise that - 5 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 criminal cases are stated to have been registered against certain account holders. The petitioner contends that such action has been taken without following due process and without furnishing any prior notice to the petitioner. Under the said representations, the petitioner has sought appropriate action from respondent No.2 for restoration of the amounts that have been debited and for removal of restrictions placed on the accounts. 3. This Court has heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondent No.2 and has carefully examined the material placed on record, including the detailed representation/legal notice dated 08.10.2024 produced at Annexure-C. A perusal of the said representation indicates that the petitioner has specifically sought a direction against respondent No.2 - 6 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 to remove the lien noted on two settlement/pool accounts maintained by the petitioner with respondent No.2 bearing Account Nos. (i) 109401001651 and (ii) 109405002485. The petitioner has also requested respondent No.2 to restore the amounts that were allegedly debited from the said accounts without prior notice and without assigning any valid reasons. 4. The learned counsel appearing for respondent No.2 submits that the representations submitted by the petitioner will be duly examined and appropriate action will be taken strictly in accordance with the applicable banking rules, regulations and established banking practice. In light of the said submission and having regard to the limited grievance ventilated by the petitioner relating to non- consideration of the representations, this Court is of the view that the ends of justice would be met if - 7 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 respondent No.2 is directed to consider and pass appropriate orders on the representations submitted by the petitioner at Annexures-A and B and the legal notice at Annexure-C, in accordance with law and in the light of the applicable banking regulations. Accordingly, for the foregoing reasons, this Court proceeds to pass the following order. ORDER (i) The writ petition stands allowed. (ii) Respondent No.2 is hereby directed to consider and pass appropriate orders on the representations submitted by the petitioner dated 29.06.2024 and 01.07.2024 produced at Annexures–A and B respectively, as well as the legal notice dated 08.10.2024 produced at Annexure–C, strictly in accordance with law and in the light of the applicable banking rules, regulations and established banking practices. - 8 - HC-KAR NC: 2026:KHC:12922 WP No. 15581 of 2025 (iii) The aforesaid exercise shall be completed by respondent No.2 within an outer limit of four weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DS CT:TSM List No.: 2 Sl No.: 5