Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:9806-DB WA No. 1379 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1379 OF 2025 (CS-RES)
BETWEEN:
1.
MR. SRIDHAR B S S/O LATE SHIVALINGAIAH, AGED ABOUT 49 YEARS, EX DIRECTOR, SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560061 R/AT NO.374, 9TH MAIN ROAD, OPP GOVT PRIMARY SCHOOL, VIJAYANAGAR, BANGALORE-90. …APPELLANT
(BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING,
Digitally signed by SRIDEVI S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:9806-DB WA No. 1379 of 2025
DR. AMBEDKAR ROAD, BANGALORE-560001
2.
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SOUHARDA CO-OPERATIVE ARBITRATION COURT, KARNATAKA STATE SOUHARDA FEDERAL CO OPERATIVE LTD., SOUHARDA SAHAKARA SOUDHA, 17TH AND 18TH MAIN ROAD, 18TH CROSS MAIN ROAD, MALLESHWARAM, BANGALORE-560055
3.
V MANAMOHAN S/O LATE VIJAYENDRA RAO, AGED ABOUT 76 YEARS, R/AT NO.70, C1-FLAT, 2ND MAIN, DOLLARS COLONY, JP NAGAR, 4TH PHASE, BANGALORE-560078
4.
SMT. CHANDRIKA W/O V MANAMOHAN, AGED ABOUT 73 YEARS, R/AT NO.70, C1-FLAT, 2ND MAIN, DOLLARS COLONY, JP NAGAR, 4TH PHASE, BANGALORE-560078
5.
SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDA, BANGALORE-560061
6.
THE PRESIDENT SMT NAGAVALLI V R W/O V R RAJESH, AGED ABOUT 47 YEARS, SIRIVAIBHAVA SOUHARDA PATTINA
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HC-KAR NC: 2026:KHC:9806-DB WA No. 1379 of 2025
SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDA, BANGALORE-560061
7.
THE CEO-SRI RAJESH V R S/O V RAMAMURTHY, AGED ABOUT 50 YEARS, SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDA, BANGALORE-560061 …RESPONDENTS
(BY SRI K.S.HARISH, GOVT. ADVOCATE FOR R1 & R2)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS, WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED
ORDER IN WP NO.216/2025 DATED 10/07/2025 AND SET ASIDE THE ORDER DATED 10/07/2025 PASSED IN WP NO.216/2025 BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT AND CONSEQUENTLY ALLOW THE WP NO.216/2025 FILED BY THE APPELLANT BY SETTING ASIDE THE
ORDER DATED 27/03/2023 PASSED IN DISPUTE NO.DRD/KAM RA SOU SAM SA NI/783/2022-23 BY THE 2ND RESPONDENT VIDE ANNEXURE-E
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:9806-DB WA No. 1379 of 2025
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal, impugning an
order dated 10.07.2025 passed by the learned Single Judge of this Court in W.P.No.216/2025 (GM-RES).
2. By the impugned order, the learned Single Judge has declined to entertain the writ petition on the ground that the appellant has an alternative and efficacious remedy of appeal before the Karnataka Appellate Tribunal.
3. The learned counsel for the appellant submits that although a statutory appeal against the order impugned in the writ petition (order dated 27.03.2023 passed by the Joint Registrar of Co-operative Societies) is maintainable, the same is not efficacious. He submits that the cause of action had arisen after the appellant had resigned and therefore, he cannot be held liable for the consequences.
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HC-KAR NC: 2026:KHC:9806-DB WA No. 1379 of 2025
4. We are unable to accept that the statutory remedy of appeal is not an efficacious remedy.
5. Accordingly, the appeal is dismissed.
6. However, we consider it apposite to direct that if the appellant avails of his alternate remedy of appeal within a period of two weeks from date, the same would be considered uninfluenced by the question of delay.
7. The pending interlocutory application also stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
VM List No.: 2 Sl No.: 31