- 1 - HC-KAR NC: 2026:KHC:28259 WP No. 21377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 21377 OF 2025 (CS-RES) BETWEEN: 1. MRS. VIBHA V.KAMATH W/O VARADARAJ KAMATH AGED ABOUT 54 YEARS HAVING OFFICE AT POONAM ENTERPRISES SHOP NO.03, AARTHI PALACE CARSTREET, MANGALURU PRESENTLY R/AT #9-43 PANCHAMAHAL BAPPANADU MULKI, DAKSHINA KANNADA - 574 154. …PETITIONER (BY SRI. R.P. D'SOUZA, ADVOCATE) AND: 1. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES MANGALURU SUB-DIVISION MANGALURU - 575 001. 2. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES K.C.S.R. 441, SHIVAMOGGA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28259 WP No. 21377 of 2025 BALARAJ URS ROAD SHIMOGA - 577 201. 3. THE SHIVAMOGGA DISTRICT CENTRAL COOPERATIVE BANK LTD. REGISTERED UNDER KARNATAKA STATE CO-OPERATIVE SOCIETIES ACT, 1959 BALARAJ URS ROAD, SHIMOGA - 577 201. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 4. DR. VASUDEV KAMATH MAJOR S/O V.PUNDALIKA KAMATH R/AT TILAK NAGAR SHIVAMOGGA - 577 201. 5. SMT. VASUDHA KAMATH MAJOR W/O DR. VASUDEV KAMATH R/AT TILAK NAGAR SHIVAMOGGA - 577 201. 6. SRI ARUN KUMAR N.G. S/O SRIKNATAPPA N.G. R/AT PLOT NO.002 AARYA KRISHNA APARTMENT NEXT TO SRI. SAI RESIDENCY CANARA BANK LAYOUT BENGALURU NORTH-560 097. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 & R2; SRI. DAYANAND S.PATIL, ADVOCATE FOR R3; VIDE ORDER DATED 18.07.2025 NOTICE TO R4 TO R6 IS DISPENSED WITH) - 3 - HC-KAR NC: 2026:KHC:28259 WP No. 21377 of 2025 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE AUCTION NOTICE ISSUED UNDER FORM-8 RULE 38(2)(d) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 DATED 12-06-2025 IN JRB/DIS/513/2015-16 AND C.E.P. NO.65/2017-18 ISSUED BY RESPONDENT NO.01 TO THE PETITIONER VIDE ANNEXURE-A AND 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 ORAL ORDER 1. The petitioner has challenged the recovery action initiated against her by respondent no.3 for a default committed in respect of repayment of a loan. The writ petition is filed with the following prayers and interim prayer: "a) Issue a writ of Certiorari to quash the auction notice issued under Form-8 Rule 38 (2)(d) of the Karnataka Co-operative Societies Rules, 1960 dated 12-06-2025 in JRB/DIS/513/2015-16 and C.E.P. No. 65/2017-18 issued by the Respondent No.01 to the Petitioner vide ANNEXURE-A and - 4 - HC-KAR NC: 2026:KHC:28259 WP No. 21377 of 2025 b) Issue a writ of certiorari to quash auction notice issued under Form-9 Rule 22(7)(e) of the Karnataka Co-operative Societies Rules, 1960 dated 12-06-2025 in JRB/DIS/513/2015-16 and C.E.P. No. 65/2017-18 issued by the Respondent No.01 to the Petitioner, vide ANNEXURE-B c) Issue a writ of certiorari to quash the sale certificate dated 22-06-2022 issued by Respondent No.03 in favour of Respondent No.06, furnished at Annexure-F d) Grant any other writ, order or direction as this Hon'ble court deems fit and proper under the circumstances of this case. INTERIM PRAYER Wherefore, it is most respectfully prayed that, this Honorable court may kindly be pleased to stay the impugned auction notice issued under Form-8 Rule 38 (2)(d) of the Karnataka Co-operative Societies Rules, 1960 dated 12-06-2025 in JRB/DIS/513/2015-16 and C.E.P. No. 65/2017-18 issued by the Respondent No.01 vide ANNEXURE-A and auction notice issued under Form- 9 Rule 22(7)(e) of the Karnataka Co-operative Societies Rules, 1960 dated 12-06-2025 in JRB/DIS/513/2015-16 and C.E.P. No. 65/2017-18 issued by the Respondent No.01, vide ANNEXURE-B" 2. This Court on 18.07.2025 has passed the following order: "1. Learned AGA accepts notice for respondents No.1 and 2. - 5 - HC-KAR NC: 2026:KHC:28259 WP No. 21377 of 2025 2. Sri.Dayanand S.Patil, accepts notice for respondent No.3. 3. Notice to respondents No.4 to 6 dispensed with since they are guarantors. 4. The submission of the Counsel for the petitioner is that due to financial stringency, the petitioner could not make payment of the due amounts. The total amount due as on today is Rs.4,34,804/-. The petitioner in order to establish her bonafides would make payment of a sum equivalent to 25% of the said amount, i.e., Rs.1,08,701/- within four weeks from today, that is on or before 18.08.2025. 5. In view of the said submission, though the auction can go on, respondents are restrained from confirming the auction sale. 6. Process fee and copies to be furnished by end of day the 21.07.2025. In the event of default thereof, as also in the event of default in making payment of the above installment, the interim order would stand automatically vacated and respondent-Bank would be at liberty to confirm the auction. 7. Re-list on 18.08.2025. 8. Hand delivery ordered." 3. It is seen that the petitioner is having an alternative and efficacious remedy under Section 106 of the Karnataka Co- operative Societies Act, 1959. - 6 - HC-KAR NC: 2026:KHC:28259 WP No. 21377 of 2025 4. For the aforementioned reason, the writ petition is hereby dismissed reserving the liberty to the petitioner to avail the alternative remedy, if so advised. 5. If the petitioner prefers an appeal, she will be entitled to the benefit of Section 14 of the Limitation Act, 1963. 6. The interim order passed by this Court on 18.07.2025 will further continue for a period of six weeks from today. 7. The appellate authority shall decide the lis without being influenced by any of the observations made hereinabove. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 52