- 1 - HC-KAR NC: 2026:KHC:25905 WP No. 9111 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 9111 OF 2026 (CS-RES) BETWEEN: 1. SRI. S.SAMPATH RAJE URS S/O.SRI.SUGANDARAJE URS, AGED ABOUT 49 YEARS, R/AT NO.265, LAKSHMI NIVASA, 8TH MAIN ROAD, 1ST PHASE, BCC LAYOUT, CHANDRA LAYOUT, BENGALURU - 560 040. AADHAAR NO 2792 5656 5332 2. SRI.S.KRISHNADEVA RAJE URS, S/O.SRI.SUGANDARAJE URS, AGED ABOUT 47 YEARS, R/AT NO.265, LAKSHMI NIVASA, 8TH MAIN ROAD, 1ST PHASE, BCC LAYOUT, CHANDRA LAYOUT, BENGALURU - 560 040. AADHAAR NO 5514 1885 7975 3. SMT.S.SHOBHAMAMMANI, D/O.SRI.SUGANDARAJE URS, AGED ABOUT 45 YEARS, R/AT NO.265, LAKSHMI NIVASA, 8TH MAIN ROAD, 1ST PHASE, BCC LAYOUT, CHANDRA LAYOUT, BENGALURU-560040. AADHAAR NO 7961 4319 2200 …PETITIONERS Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25905 WP No. 9111 of 2026 (BY SRI. DILEEP N.,ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES OF CO-OPERATIVE SOCIETIES, 1ST CIRCLE, BENGALURU URBAN DISTRICT, BENGALURU - 560 003. 2. THE ASSISTANT REGISTRAR, OF CO-OPERATIVE SOCIETIES, 4TH CIRCLE, BENGALURU URBAN DISTRICT, BENGALURU - 560 003. 3. GRADUATES CO-OPERATIVE CREDIT SOCIETY LTD., OFFICE NO.1, 1ST B ROAD, 4TH MAIN ROAD, PAPAIAH GARDEN, BEHIND GOVT. HOMEOPATHY HOSPITAL, BASAVESHWARANAGAR, BENGALURU - 560 079. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. YOGESH.D.NAIK, AGA FOR R1 & R2; SRI. SHIVASHARNAPP.M, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH FORM NO. 08 ISSUED UNDER RULE 38 (2) (D) OF CO- OPERATIVE SOCIETIES ACT, 1959 A NOTICE OF INTENDED SALE DATED 18.02.2026 BY THE R2 AS PER ANNX-A PROPOSED TO AUCTION THE SCHEDULE PROPERTY IN PUBLIC AUCTION ON 26.03.2026 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:25905 WP No. 9111 of 2026 ORAL ORDER On 18.03.2026, this Court had passed the following order: "Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. Issue emergent notice to respondent No.3. Learned counsel for the petitioners undertakes that, the petitioners shall deposit Rs.1,06,54,224/- as claimed at Annexure-A to the Writ Petition, within 30 days from today, before this Court. Recording the said submission made by the learned counsel for the petitioners, Annexure-A dated 18.02.2026, issued by respondent No.2, is hereby stayed." 2. Learned counsel for respondent No.3-Co-operative Credit Society submits that the petitioners had borrowed loan from respondent No.3 - Society and defaulted in repaying the same. Though the petitioners had undertaken to pay the entire amount, based on which the interim order was granted, they failed to pay even a single rupee. - 4 - HC-KAR NC: 2026:KHC:25905 WP No. 9111 of 2026 3. However, it is seen that the petitioners had filed I.A.No.1/2026 with a prayer to grant further extension of six months to clear the loan amount. The prayer in the said application reads as under: "For the reasons stated in the accompanying affidavit, it is respectfully prayed that this Hon'ble Court may be pleased to permit the Petitioners to clear the outstanding dues payable to the 3rd Respondent Bank within a period of six (6) months in equal installments, and further direct the 3rd Respondent to refrain from taking any precipitative or coercive steps during the said period in respect of schedule property, in the interest of justice and equity. In view of the extreme urgency and to restrain the Bank from proceeding with liquidation/auction of the Schedule Property, the present application is being filed before this Hon'ble Court during the summer vacation, in the interest of justice." 4. It is further seen that the petitioners have not challenged the award amount pursuant to which the sale notice which has been issued by respondent No.2. - 5 - HC-KAR NC: 2026:KHC:25905 WP No. 9111 of 2026 5. It is also seen that the petitioners are having an alternative and effacious remedy under Section 105 of Karnataka Co-operative Societies Act, 1959. 6. For the aforementioned reasons, the Writ Petition is dismissed reserving liberty to the petitioners to approach the appropriate Tribunal in the manner known to law. Sd/- (M.I.ARUN) JUDGE GVP List No.: 1 Sl No.: 8