- 1 - HC-KAR NC: 2026:KHC:28172 WP No. 15994 of 2026 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. 15994 OF 2026 (CS-RES) BETWEEN: ABDUL KUNHI S/O ABDUL RAHIMAN, AGED ABOUT 59 YEARS, R/AT NO.NO 2-103(1), KUKKAJE BALI HOUSE, IRA, MANCHI, D.K. - 574 323 …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. ASSISTANT REGISTRAR / RECOVERY OFFICER CO-OPERATIVE SOCIETY MANGALORE SUB-DIVISION, MANGALORE TALUK, DAKSHINA KANNADA - 575 001. 2. POTTERS COTTAGE INDUSTRIAL COOPERATIVE SOCIETY LTD JANARDHANA COMPLEX, MELKAR, BANTWAL, D.K - 574 231 REGISTERED UNDER CO-OPERATIVE SOCIETES ACT …RESPONDENTS Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28172 WP No. 15994 of 2026 (BY SMT. SPOORTHI V., HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE AUCTION NOTICE DATED 15/04/2026 CEP NO.320/2025 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A AND ANNEXURE-A-1 IN SO FOR PEITTIONER CONCERNED. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Respondent No.2 - Society has initiated recovery proceedings against the petitioner in respect of the property for recovery of the loan pursuant to an award passed in its favour. Aggrieved by the same, the petitioner has preferred this writ petition with the following prayers: "a) Issue a writ in the nature of Certiorari or any other appropriate writ or order quashing the Auction Notice dated 15/04/2026 C.E.P No.320/2025 issued by the Respondent vide ANNEXURE-A and ANNEXURE-A-1; in so far as petitioner concerned - 3 - HC-KAR NC: 2026:KHC:28172 WP No. 15994 of 2026 b) Direct the Respondent to grant reasonable time to the petitioner to clear the arrears amount in instalments; d) Pass such other order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. INTERIM PRAYER WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to stay all further proceedings pursuant to the Auction Notice dated 15/04/2026 including the proposed auction scheduled on 30/05/2026 pending disposal of the above writ petition, in the interest of justice and equity. In so far as petitioner concerned." 2. This Court on 29.05.2026 has passed the following order: "On the last occasion, it is submitted by Sri.Dhananjay Kumar, learned counsel appearing for the petitioner that they are ready to clear the entire amount, if reasonable time is granted. Hence, the matter is adjourned to today for filing the Affidavit. Today, the Affidavit is filed stating that the outstanding amount is Rs.15,10,779/- and within a - 4 - HC-KAR NC: 2026:KHC:28172 WP No. 15994 of 2026 period of three months from today, they will clear the entire amount. Learned counsel appearing for the second respondent has appeared in the forenoon and submitted that he has two objections; one is the amount as stated in the Affidavit, i.e., Rs.15,10,779/- is not the outstanding amount; but the outstanding amount is Rs.17,01,706/- as on today. It is submitted that the petitioner to show his bona-fides shall pay some amount before the auction is conducted. The learned counsel has for the petitioner sought for a pass over and there is no representation on behalf of the second respondent. Learned counsel for the petitioner submits that they are ready to pay an amount of Rs.2,00,000/- by tomorrow, i.e., 30.05.2026. Considering the same, shall be stay of the auction, on the condition that the petitioner shall pay an amount of Rs.2,00,000/- before the auction time and also shall file an Undertaking Affidavit with regard to the exact outstanding amount by 10.06.2026. List this matter on 10.06.2026." 3. The learned counsel appearing for the petitioner submits that a sum of Rs.70,000/- has been paid by the - 5 - HC-KAR NC: 2026:KHC:28172 WP No. 15994 of 2026 petitioner pursuant to the interim orders of this Court. He further submits that respondent No.2 - Bank has given him some more time to pay the balance dues. 4. The learned Additional Government Advocate, upon instructions, submits that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 5. As the petitioner is having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959, the Writ Petition stands dismissed, reserving liberty to the petitioner to approach the appropriate authority in accordance with law. 6. If any appeal were to be filed, the time spent by the petitioner prosecuting the instant writ petition shall be condoned by the Appellate Authority. 7. The Appellate Authority shall decide the case on merits without being influenced by any of the observations made hereinabove. - 6 - HC-KAR NC: 2026:KHC:28172 WP No. 15994 of 2026 8. Respondent No.2 is directed not to precipitate the matter against the petitioner for a period of four (04) weeks from today and it is also hereby made clear that the order of dismissal will not come in the way of the petitioner and respondent No.2 arriving at a compromise if they so desire. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 11