- 1 - HC-KAR NC: 2026:KHC:29579 WP No. 28777 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28777 OF 2025 (CS-RES) BETWEEN: MASTHAMMA W/O GOVINDA MOGAVEERA, 80 YEARS, NEW COLONY KESARKODI, KUNDAPURA, SHIROOR, UDUPI DISTRICT - 576 228. …PETITIONER (BY SMT. SHILPA S. GOGI, ADVOCATE (ABSENT)) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB-DIVISION, KUNDAPURA, UDUPI DISTRICT - 576 201. 2. BYNDOOR ZONE FISHERMEN WOMEN'S PRIMARY MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., UPPUNDA, BYNDOOR TALUK, UDUPI DISTRICT - 576 214. REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. 3. MRS. TULSI BIN GOVINDA MOGAVEERA BEDUMANE, ALWEGADDE SHIRUR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29579 WP No. 28777 of 2025 BYNDUR TALUK, UDUPI DISTRICT - 576 214. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; VIDE ORDER DATED 26.09.2025, NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 11.06.2024 PASSED BY THE RESPONDENT NO.1 IN SURCHARGE PROCEEDINGS NO.03/2024-25 UNDER RULE 69 OF THE KARNATAKA COOPERATIVE SOCIETIES RULES, 1960 (ANNEXURE-A2) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Learned counsel for the petitioner is absent. 2. This writ petition is filed challenging the recovery proceedings initiated against the petitioner, pursuant to a default committed in respect to loan borrowed from respondent No.2 - Society. The proceedings have been initiated under the provisions of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). - 3 - HC-KAR NC: 2026:KHC:29579 WP No. 28777 of 2025 3. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Act. However, this Court had passed an interim order dated 26.09.2025 which reads as under: "Learned Additional Government Advocate is directed to accept notice for respondent No.1. Issue emergent notice to respondent No.2. Notice to respondent No.3 is dispensed for the time being. Since it is the case of the petitioner that she is not a member of the respondent No.2 and she has not given any personal guarantee for any misfeasance committed by the respondent No.3 but she is proceeded against in proceedings under the Karnataka Co-operative Societies Act, 1959 for recovery of the alleged misappropriation amount by the respondent No.3, further proceedings pursuant to Annexures - A and B are stayed in so far as the petitioner is concerned. However, it is open for the respondent No.2 to proceed against the respondent No.3 in accordance with law. List this petition on 16.10.2025. Until the office objections are complied, this order shall not be uploaded and certified copy shall not be issued." 4. Having noticed that the petitioner is having an alternative and efficacious remedy, the Writ Petition is - 4 - HC-KAR NC: 2026:KHC:29579 WP No. 28777 of 2025 hereby dismissed, reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. However, the interim order granted by this Court on 26.09.2025 shall continue for a further period of four (4) weeks from today. 5. It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were to be filed, the Appellate Authority shall decide the same in the manner known to law, without being influenced by any of the observations made herein above. 6. The petitioner shall also be entitled to the benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by her. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 26