- 1 - HC-KAR NC: 2026:KHC:30130 WP No. 30041 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. 30041 OF 2025 (CS-RES) BETWEEN: 1. SMT. A. SHARATH M. W/O ANNU SAPALYA AGED ABOUT 64 YEARS, R/AT NO.4-70, AMBIKA NIVASA, NEHARU NAGARA, SRS ROAD, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA - 574 203. 2. MR. THUSHAR M. S/O ANNU SAPALYA AGED ABOUT 42 YEARS, R/AT NO.4-70, AMBIKA NIVASA, NEHARU NAGARA, SRS ROAD, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA - 574 203. …PETITIONERS (BY SRI. GOVINDARAJU K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30130 WP No. 30041 of 2025 2. DEPUTY REGISTRAR, SOUHARDHA CO-OPERATIVE DISPUTE REDRESAL FORUM, KARNATAKA STATE SOUHARDHA SAMYUKTHA CO-OPERATIVE LTD., NO. 68, 1ST FLOOR, 17TH AND 18TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 055. 3. THE RECOVERY OFFICER AND THE ASSISTANT REGISTRAR OF SOCIETIES, KARNATAKA STATE SOUHARDHA SAMYUKTHA CO-OPERATIVE LTD., NO. 68, 1ST FLOOR, 17TH AND 18TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 055. 4. M/S. SHRI SARASWATHI CREDIT SOUHARDA SAHAKARI SANIGHA NIYAMITHA, DARBE, PUTTUR, DAKSHINA KANNADA - 574 203, REPRESENTED BY ITS GENERAL MANAGER. (REG. UNDER SOCIETIES ACT) 5. MRS. SOWMYA, D/O PARAMESHWAR SAPALYA, AGED ABOUT 35 YEARS, HOUSE NO. 1-20A, SAJIPA PADU HOUSE, SAJIPA PADU POST AND VILLAGE, BANTWAL, DK - 574 231. - 3 - HC-KAR NC: 2026:KHC:30130 WP No. 30041 of 2025 6. MR. DHANANJAYA, S/O PRAKASH B., AGED ABOUT 34 YEARS, H.NO. 1-184/A, SHREE ANUGRAHA NILAYA, BANNUR POST AND VILLAGE, PUTTUR TALUK, DK - 574 203. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3; VIDE ORDER DATED 17.06.2026, NOTICE TO R4 TO R6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASH THE ATTACHMENT NOTICE DATED 25/08/2025 BEARING EXECUTION NO.KA.RAA.SOW.SAM.SA.NI/SA.SAM.SA.NI/VA/A/ 78/2025-26 VIDE ANNEXURE-A ISSUED BY THE 3RD RESPONDENT AS NULL AND VOID AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:30130 WP No. 30041 of 2025 ORAL ORDER The petitioners have challenged the recovery proceedings initiated against them for recovery of amounts due towards a loan said to have been advanced by respondent No.4 - Society. It is also alleged that though an award is passed against the petitioners, the 2nd respondent has not made available a copy of the award to them. Hence, the writ petition is filed with the following prayer: "(i) issue a writ in the nature of Certiorari or any other appropriate writ or order or direction quash the attachment notice dated 25/08/2025 bearing Execution No.Ka.Raa.Sow.Sam.Sa.Ni/Sa. Sam.Sa.Ni/Va/A/78/2025-26 vide Annexure-A issued by the 3rd respondent as null and void; (ii) issue a writ in the nature of Mandamus or any other appropriate writ or order or direction, directing 2nd respondent to issue certified copy of award dated 25/03/2025 passed in Case No.Ka.Raa.Sow.Sam.Sa.Ni/2166/2022-23 passed by the 2nd respondent and other documents to the - 5 - HC-KAR NC: 2026:KHC:30130 WP No. 30041 of 2025 petitioner, enable him to filed appeal before appellate authority. (iii) Grant such other further relief as may deem fit in the circumstances of the case;" 2. Learned Additional Government Advocate upon instructions submits that award copy was made available to all the persons who wanted a copy of it. However, he further submits he has no objection for making it available once again. 3. It is also seen that the petitioners are having an alternative and efficacious remedy under Section 46 of the Karnataka Souhardha Sahakari Act, 1997. 4. 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 of the law. 5. If the petitioners were to make an application for grant of certified copy of the award passed against - 6 - HC-KAR NC: 2026:KHC:30130 WP No. 30041 of 2025 them, the 2nd respondent is directed to issue the same within fifteen (15) days thereafter. 6. 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. 7. The petitioners shall also be entitled to the benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by them. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 11