- 1 - HC-KAR NC: 2026:KHC:29948 WP No. 30344 of 2024 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. 30344 OF 2024 (CS-RES) BETWEEN: 1. SRI. SHIVASWAMY T.P. S/O SRI PUTTEGOWDA AGED ABOUT 60 YEARS RETIRED POLICE INSPECTOR R/AT NO.1, POLICE OFFICERS QUARTERS 3RD MAIN, BEHIND SACHIDANANDA ASHRAMA GIRINAGAR, BENGALURU-560 085. …PETITIONER (BY SRI. VINAYAK VAMANRAO KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001. 2. DEPUTY REGISTRAR AND SOUHARDA SAHAKARI DISPUTES TRIBUNAL KARNATAKA RAJYA SOUHARDA SAMYUKTA SAHAKARI NIYAMITA SOUHARDA SAHAKARA SOUDHA NO.68, 1ST FLOOR, 17TH AND 18TH CROSS MARGOSA ROAD, MALLESHWARAM Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29948 WP No. 30344 of 2024 BENGALURU-560 055. 3. M/S VIJAYA PATHINA SOUHARDA SAHAKARI NIYAMITHA HAVING REGISTERED OFFICE AT NO.5, S.J.ELEGANCE, 4TH FLOOR INCOME TAX LAYOUT CHANDRA LAYOUT MAIN ROAD VIJAYANAGAR, BENGALURU-560 040. REP. BY ITS SECRETARY. 4. SRI. SATHISH K.R. S/O SRI. RAMEGOWDA AGED ABOUT 49 YEARS R/AT NO.309, 6TH CROSS PRAMOD LAYOUT, NAYANDAHALLI BENGALURU-560 037. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 & R2; SRI. CHANDRASHEKAR P.PATIL AND SRI. S.BASAVARAJ, ADVOCATES FOR R3; SRI. RAVI KUMAR R., ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE / QUASH THE IMPUGNED ORDER DATED 05.11.2024 IN DISPUTE NUMBER J.R.D/K.S.S.F.C.S.L/376/2023-24 PASSED BY THE COURT OF DEPUTY REGISTRAR, KARNATAKA STATE SOUHARDHA FEDERAL CO-OPERATIVE LIMITED, MALLESHWARAM, BENGALURU (N441) UNDER SECTION 44 OF THE KARNATAKA SOUHARDA SAHAKARI ACT, 1997 PRODUCED AS PER ANNEXURE-A IN THE MATTER BETWEEN PETITIONER AND RESPONDENT NOS.1 AND 2 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: - 3 - HC-KAR NC: 2026:KHC:29948 WP No. 30344 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has challenged the recovery proceedings initiated under the provision of Section 44 of the Karnataka Souharda Sahakari Act, 1997 for default committed in repayment of the loan. 2. It is seen that the petitioner is having an alternative and efficacious remedy under Section 46 of the Karnataka Souharda Sahakari Act, 1997. 3. For the aforementioned reasons, the writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appellate authority in the manner known to law. 4. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 44