- 1 - HC-KAR NC: 2026:KHC:28796 WP No. 22851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22851 OF 2025 (CS-RES) BETWEEN: 1. SRI. KUMARASWAMY P. AGED ABOUT 56 YEARS S/O LATE MADAIAH R/AT POORIGALI VILLAGE MALAVALLI TALUK MANDYA DISTRICT-571 463. …PETITIONER (BY SRI. DESHRAJ, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION O/AT AGRAHARA, CHAMRAJPURA MYSURU-570 004. 2. THE MYSURU AND CHAMARAJANAGAR DISTRICT CENTRAL CO-OPERATIVE WHOLESALE STORES LTD. (JANATA BAZAR) NEHRU CIRCLE, ASHOKA ROAD MYSORE 570 001. REPRESENTED BY ITS MANAGING DIRECTOR. THE COMPANY CO-OPERATIVE SOCIETIES ACT OF 2012. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1; SRI. K.ANAND, ADVOCATE FOR R2) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28796 WP No. 22851 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE/ QUASH THE ORDER DATED 16.07.2025 IN SURCHARGE CASE NO.JRM/DLS/02/2021-22 PASSED BY THE FIRST RESPONDENT JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION, MYSORE (ANNEXURE -D) 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: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. It is seen that, proceedings were initiated against the petitioner by respondent no.2-Society under Section 69 of the Karnataka Co-operative Societies Act, 1959 for recovery of certain amounts, on the ground that petitioner was their employee and he had misappropriated certain funds. The proceedings are pending before respondent no.1. When the case was posted for cross-examination of witnesses of - 3 - HC-KAR NC: 2026:KHC:28796 WP No. 22851 of 2025 respondent no.2, the petitioner did not avail the opportunity and failed to cross-examine them. Thereafter, he has not let in his evidence also. Hence, he filed a memo before respondent no.1 seeking permission to cross-examine the witnesses of respondent no.2 and also to lead is evidence. Because the petitioner herein had failed to make use of the available opportunity, respondent no.1 refused to grant him permission to do so and posted the matter for judgment. Aggrieved by the same, the present writ petition is filed. 2. Both learned AGA as well as learned counsel for respondent no.2 justify the impugned order and pray for dismissal of the writ petition. However, this Court on 29.07.2025 had passed the following interim order: "Learned Additional Government Advocate is directed to accept notice for respondent No.1. Mr.K. Anand, learned counsel is directed to accept notice for respondent No.2. It is seen that the case before the respondent No.1 was listed on 10.10.2022 for cross-examination of the respondent No.2 herein. However, it was adjourned to 31.10.2022. Thereafter, it appears that respondent No.1 did not hold regular proceedings and on 16.07.2025, the case was posted for orders. It, therefore, prima facie appears that the petitioner was - 4 - HC-KAR NC: 2026:KHC:28796 WP No. 22851 of 2025 not given opportunity to cross-examine the respondent No.2. Hence, further proceedings in Case No.JRM/DLS/02/2021-22 before the respondent No.1 are stayed till the next date of hearing. List this petition on 14.08.2025." 3. Though it is seen from the records that the petitioner has failed to avail the opportunity accorded to him to cross- examine the witnesses of respondent no.2 and lead his evidence, he has failed to do so. It is also seen that respondent no.1 did not hold regular proceedings and there is a possibility that mistakenly the petitioner has not appeared before respondent no.1 on that particular given day. Be that as it may, under the given peculiar facts and circumstances of the case, I am of the opinion that interest of justice would be served if an opportunity is given to the petitioner to cross- examine the witnesses of respondent no.2-Society and also lead his evidence. However, the petitioner shall not take any adjournment and co-operate for early disposal of the case. 4. Hence, the following: - 5 - HC-KAR NC: 2026:KHC:28796 WP No. 22851 of 2025 ORDER (i) The impugned order dated 16.07.2025 passed in case no.JRM/DLS/02/2021-22 by respondent no.1 (vide Annexure-D to the petition) is hereby set aside; (ii) Respondent no.1 shall give an opportunity to the petitioner to cross-examine the witnesses of respondent no.2 and also lead his evidence; (iii) The petitioner is also directed to pay a cost of Rs.5,000/- to respondent no.2-Society before cross-examining the witnesses of respondent no.2; (iv) However, petitioner will do so without asking for any adjournments and he will co-operate for quick disposal of the case before respondent no.1; (v) The parties shall appear before respondent no.1 on 29.06.2026 at 03.00 p.m. without further notice; (vi) Respondent no.1 shall decide the matter before him as expediently as possible; - 6 - HC-KAR NC: 2026:KHC:28796 WP No. 22851 of 2025 (vii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 58