- 1 - HC-KAR NC: 2026:KHC:29886 WP No. 19437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19437 OF 2025 (CS-RES) BETWEEN: SMT SHARADA K. N. W/O RAJ KUMAR.R AGED ABOUT 60 YEARS, RETD. ASST. TEACHER RESIDING AT NO.12, SHIVANANDA COMPLEX, MALLATHAHALLI, GNANABHARATHI CAMPUS, BANGALORE-560 056 …PETITIONER (BY SRI VIJAYA KUMAR, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MALLESHWARAM, BANGALORE-560003 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE-560052. 3. THE ARBITRATOR, CO-OPERATIVE SOCIETIES, BANGALORE DISTRICT, BANGALORE -560 052 (AS NOT PRESSED VIDE ORDER DATED 04.07.2025) 4. THE ASSISTANT REGISTRAR AND RECOVERY OFFICER, CO-OPERATIVE SOCIETIES, SAHAKARA SOUDHA, 2ND ZONE, SAHAKARA SOUDA, 3RD MAIN, 8TH CROSS, MALLESHWARAM, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29886 WP No. 19437 of 2025 BANGALORE-560003 5. POOJA MAHILA CREDIT CO-OPERATIVE SOCIETY LIMITED. (REGD), NO.40/1, MODEL HOUSE STREET, BASAVANAGUDI, REPRESENTED BY ITS DIRECTOR/SECRETARY BANGALORE - 560004, (ITS A SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT) 6. SMT. T.H. GAYATHRI DEVI, AGED 49 YEARS, W/O HONNACHAR, R/AT, NO.8, 13TH MAIN ROAD, 3RD CROSS, MATTHIKERE EXTENSION, MSRIT, BENGALORE-56 7. THE BLOCK EDUCATION OFFICER, SHANKARAMATA ROAD, BASAVANAGUDI, BANGALORE SOUTH ZONE-1, BANGALORE-560102. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R2, R4 AND R7, V/O/D 4/7/25 R3 IS DELETED, SRI RAJAGOPAL NAIDU, ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO (I) CALL FOR RECORDS PERTAINS TO THE IMPUGNED AWARD PASSED IN THE DISPUTE NO.UBC-03/DIS/1392/2022-23 (ANNEXURE- K) PASSED BY THE RESPONDENT NO.3 DATED 17/11/2022 AND OTHER DATED 25.3.2025 PASSED IN EXECUTION NO.ARB-2(45)CEP/145/ 2022-23 BY THE 4TH RESPONDENT (VIDE ANNEXURE-L) AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC. - 3 - HC-KAR NC: 2026:KHC:29886 WP No. 19437 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the recovery proceedings initiated against him in pursuance of a loan advance by respondent No.5-Society. It is seen that the petitioner is having an alterative or efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 2. However, this Court on 04.07.2025 has passed the following order:- "1. Learned counsel for petitioner submits that he does not press prayer against Respondent No.3. In that view of the matter, Respondent No.3 is deleted from the array of parties and as such office objection does not survive for consideration. 2. Learned AGA accepts notice for Respondent Nos.1,2,4 and 7. 3. Issue notice to Respondent Nos.5 and 6 returnable by 7.8.2025. - 4 - HC-KAR NC: 2026:KHC:29886 WP No. 19437 of 2025 4. It is the submission of counsel for petitioner that the principal borrower, who was Respondent No.1 in a dispute has expired in the year 2021 and the award has been passed on 17.11.2022 without bringing the legal heirs of said Respondent No.1 on record. 5. The said award and the further proceedings thereto are stayed, till the next date of hearing. 6. Process fee and copies to be furnished by the end of the day, failing which the interim order granted above shall stand vacated." Judgment Information Certified Copy Information (Final Order) 3. As the petitioner has an alternative and efficacious remedy, the following order is passed:- i) The writ petition stands dismissed reserving the petitioner to approach the Appellate Authority in the manner known to law. ii) In the event of petitioner approaching the Appellate Authority he shall be entitled to the benefit of Section 14 of the Limitation Act. - 5 - HC-KAR NC: 2026:KHC:29886 WP No. 19437 of 2025 iii) The interim order granted on 04.07.2025 shall continue for a further period of four weeks from today. iv) It is hereby made clear that no opinion has been expressed on the merits of the case and the Appellate Court shall decide the case independently. Sd/- (M.I.ARUN) JUDGE CHS List No.: 1 Sl No.: 19