- 1 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20930 OF 2024 (CS-RES) BETWEEN: 1. SRI. S.P. HOMBANNA S/O SRI S.J. PADMARAJ AGED ABOUT 56 YEARS, AADHAR NO. 791690469504 PHONE NO. 9844059690 2. SMT. H.J. ANITHA W/O SRI. S.P. HOMBANNA AGED ABOUT 51 YEARS AADHAR NO. 809279286787 3. SMT. H. ARPITA JAIN D/O SRI. S.P. HOMBANNA AGED ABOUT 26 YEARS AADHAR NO. 885038935335 4. KUM. H. ADHVIKA D/O SRI. S.P. HOMBANNA AGED ABOUT 19 YEARS AADHAR NO. 642649112351 ALL ARE RESIDING AT NO. 507/5, UPPER PALACE ORCHARDS, 9TH CROSS, NEAR SANKEY TANK, SADASHIVNAGAR BANGALORE - 560 080. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 5. SRI. SURESH V.S. S/O MURTHY AGED ABOUT 56 YEARS RESIDING AT 22ND CROSS, 23RD MAIN, NEAR BDA COMPLEX, BANASHANKARI II STAGE, BANGALORE - 560 070 AADHAR NO. 736079571139 PHONE NO. 9844020351. …PETITIONERS (BY SRI. D.N. MANJUNATH, ADVOCATE (ABSENT)) AND: 1. ASSISTANT REGISTRAR AND RECOVERY OFFICER CO-OPERATIVE SOCIEITES, NO.62, II FLOOR, 18TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, PIPELINE ROAD, BANGALORE - 560 055. 2. M/S. SHIVASHREE SOUHARDA CREDIT CO-OPERATIVE LTD., REGISTERED CO-OPERATIVE SOCIETY UNDER THE KARNATAKA SOUHARDA SAHAKARI ACT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (IN CHARGE) HAVING THEIR PLACE OF BUSINESS AT 7TH CROSS ROAD, ASHOK NAGAR TUMKUR - 572 103. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. P.S. MALIPATIL, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING A SEIZER WARRANT DATED 31.05.2024 FOLLOWED BY SEIZE NOTICE DATED 31.07.2024 ISSUED BY THE RESPONDENT ONE / ASSISTANT REGISTRAR AND RECOVERY OFFICER CO-OPERATIVE SOCIETIES IN NO.KRSSSN/SSSN/V/082/2024-25 BY HOLDING THAT THE SAME ARE ILLEGAL UNSUSTAINABLE AND WITHOUT JURISDICTION AS PER ANNEXURE-A AND A1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The learned counsel for the petitioners is absent. 2. The petitioners have challenged the recovery proceedings initiated against them for default in repayment of the loan borrowed from respondent No.2 - Souharda Credit Co-operative Society Bank. The writ - 4 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 petition is filed with the following prayers and interim prayer: "a. To call for the entire records in DRD/KSSSSN/300/2022-23 disposed off on the file of Registrar of Co-operative Societies, Bangalore in dated 16.01.2024 as per Annexure - K, K1 & K2 respectively followed by seize warrant & notice in Execution petition No. KRSSSN/SSSN/V/082/2024-25 pending before the Assistant Registrar and recovery officer of Co-operative Societies, Bangalore as per Annexures-A & A1 respectively. b. To issue a writ of certiorari by quashing a seizer warrant dated 31.05.2024 followed by seize notice dated 31.07.2024 issued by the respondent one / Assistant Registrar and Recovery Officer Co-operative Societies in No.KRSSSN/SSSN/V/082/2024-25 by holding that the same are illegal unsustainable and without jurisdiction as per Annexure-A & A1. c. To issue a writ of certiorari by way of an order or direction by holding that the impugned order passed by the Registrar of Co-operative society by allowing the petition filed by the respondent two/society in DRD/KSSSSN/300/2022-23 dated 16.01.2024 is illegal, unsustainable and without jurisdiction as per Annexure - K2. - 5 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 d. To issue such other order or writ as against the respondents in the facts and circumstances of the case. e. To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. INTERIM PRAYER :- Petitioners respectfully pray this Hon'ble court may kindly be pleased to grant an ex-parte ad-interim order for stay of the seizer warrant dated 31-05-2024 followed by seize notice dated 31-07-2024 issued by the respondent No.1 in execution proceedings EP/KRSSSN/SSSN/V/082/2024-25 initiated by respondent two/Shivashree Souhardha Co-operative Society pending disposal of writ petition as per Annexure - A & A1." 3. This Court, by its order dated 22.08.2024 has passed the following order: "Learned AGA accepts notice for respondent No.1. Issue emergent notice to respondent No.2 returnable by 27.09.2024. Question of maintainability is kept open. - 6 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 In the meanwhile, to enable the parties to explore the possibility of settlement, there shall be an interim order of stay as prayed for, till the next date of hearing subject to the petitioner depositing Rs.1,00,00,000/- (Rupees One Crore only) on or before 26.09.2024 with the respondent No.2 - Society. Office objections to be complied with by the next date of hearing. " 4. The learned counsel appearing for the respondents submits that no payments have been made by the petitioners pursuant to the interim order of this Court. It is also submitted that the petitioners are having an alternative and efficacious remedy under Section 46 of the Karnataka Souharda Sahakari Act, 1997. 5. As the petitioners are having an alternative and efficacious remedy, the Writ Petition is hereby dismissed, reserving liberty to the petitioners to approach the Appellate Authority in the manner known to law. If they were to file an appeal, they would be entitled to the benefit of Section 14 of the Limitation Act, 1963. - 7 - HC-KAR NC: 2026:KHC:28601 WP No. 20930 of 2024 6. It is hereby made clear that if an appeal were to be filed, the Appellate Authority will decide the matter based upon the pleadings and evidence let in before it and shall not be influenced by any of the observations made herein above. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 26