SMT. LEELAVATHAMMA ALIAS LEELAVATHY NAGARAJ v. SHIVASHREE SOUHARDHA CREDIT CO OPERATIVE LTD.,
WP/33003/2024 · 2026-06-08
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20457 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20457 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27208 WP No. 33003 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.33003 OF 2024 (CS-RES)
BETWEEN:
1.
SMT. LEELAVATHAMMA ALIAS LEELAVATHY NAGARAJ W/O. SRI. T. NAGARAJ, AGED 61 YEARS, RESIDING AT SY.NO.38, RAJ ESTATE, KEERANAGERE, HAROHALLY VILLAGE, KANAKAPURA TALUK, RAMANAGAR DISTRICT-562 112.
2.
SMT. ANITHA D/O. SRI. T. NAGARAJ, AGED 45 YEARS, RESIDING AT SY.NO.38, RAJ ESTATE, KEERANAGERE, HAROHALLY VILLAGE, KANAKAPURA TALUK, RAMANAGAR DISTRICT-562 112.
…PETITIONERS
[BY SMT. SANDHYA U. PRABHU, ADVOCATE (ABSENT)]
AND:
1.
SHIVASHREE SOUHARDHA CREDIT CO-OPERATIVE LTD.,
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27208 WP No. 33003 of 2024
REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, SHIVASHREE, 7TH CROSS, ASHOKNAGAR, TUMKUR-572 103.
2.
DEPUTY REGISTRAR OF CO-OPERATIVES SOCIETIES (NI.441), COURT OF SOUHARDHA SAHAKARI SANGHA, KARNATAKA STATE SOUHARDHA SAHAKARI NIGAMA, SOUHARDA SAHAKARI SOUDHA, 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560 003.
…RESPONDENTS
[BY SRI. MALIPATIL P.S., ADVOCATE FOR R.1 (V.C.);
SRI. YOGESH D. NAIK, AGA., FOR R.2.)]
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 06.11.2024 PASSED BY HON'BLE KARNATAKA APPELLATE TRIBUNAL BANGALORE CH-6, IN APPEAL NO.120/2024 PRODUCED AT ANNEXURE-K, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2026:KHC:27208 WP No. 33003 of 2024
ORAL ORDER
1.
Learned counsel for the petitioners is absent.
2. The petitioners had borrowed loan from respondent No.1 - Shivashree Souhardha Co-operative Limited and committed default in repayment of the same. Hence, an award has been passed against them. Aggrieved by the same, the petitioners preferred appeal No.120/2023 before the Karnataka Appellate Tribunal, Bengaluru. Though, an interim order was initially granted, the same has been subsequently vacated by the Karnataka Appellate Tribunal (KAT). Aggrieved by the same, the petitioners have preferred the writ petition. The grievance of the petitioners is in respect of vacation of the interim order by the KAT. This Court on 05.12.2024, passed the following
order:-
"1. Learned AGA is directed to accept notice for respondent No.2.
2. Issue notice to respondent No.1 returnable by
16.1.2025.
3. Learned counsel for the petitioner submits that the amount due as on date is Rs.2.22 crores and she
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HC-KAR NC: 2026:KHC:27208 WP No. 33003 of 2024
would be depositing Rs.30 Lakhs by 15 days from today from now.
4. Accepting the said submission, the respondents are restrained from taking any coercive steps till the next date of hearing.
5. If the amount of Rs.30 lakhs is not paid by 19.12.2024, the interim
order would stand automatically vacated.
6. Process fee and copies to be furnished by end of the day tomorrow i.e., 6.12.2024, failing which, the above granted interim order would automatically stand vacated.
7. Re-list on 16.1.2025."
3. It is submitted by the learned counsel for respondent No.1 as well as the learned AGA that the petitioners, subsequent to the interim order, have not deposited the money as ordered. It is also submitted that appeal No.120/2023 has been disposed of by the Karnataka Appellate Tribunal and the appeal has been dismissed.
4. In the light of the dismissal of Appeal No.120/2023, the writ petition has become infructuous. Further, it is noticed that
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HC-KAR NC: 2026:KHC:27208 WP No. 33003 of 2024
the petitioners have also not complied with the order of this Court dated 05.12.2024.
5. For the aforementioned reasons, the writ petition stands dismissed.
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 61