- 1 - HC-KAR NC: 2026:KHC:29947 WP No. 1377 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. 1377 OF 2024 (CS-RES) BETWEEN: 1. SMT. RAZIYA BANU W/O MOHAMMED IKAAS AGED ABOUT 49 YEARS R/O NO.2-66-1 NEAR PRIMARY SCHOOL MANIPURA WEST UDUPI-574 105. 2. SRI. HASAINAR S/O SUSHAIN PANDIT R/O 5-3-5, ENA GUDDA VILLAGE KATAPADI POST, UDUPI-574 105. 3. SMT. MEHARUNNISA W/O HASAINAR R/O 5-14, ENA GUDDA VILLAGE, KATAPADI POST, UDUPI-574 105. …PETITIONERS (BY SRI. ABDUL ANSAR, ADVOCATE [ABSENT]) AND: 1. STATE OF KARNATAKA ADDL. CHIEF SECRETARY DEPARTMENT OF CO-OPERATION Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29947 WP No. 1377 of 2024 M.S.BUILDING, AMBEDKAR VEEDHI BANGALORE 560 001. 2. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER KARNATAKA STATE CORPORATION LTD. NO.132, K.H.ROAD, PB NO.2724 BANGALORE-560 027. 3. ADDITIONAL REGISTRAR AND DISPUTE RESOLUTION KARNATAKA STATE CO-OPERATIVE TOWN BANKS CORPORATION LTD. BENGALURU, NO.132, 2ND FLOOR KENGAL HANUMANTHAYYA ROAD BENGALORE-560 027. 4. THE UDUPI CO-OP TOWN BANK LTD. NO.8, KATAPADI BRANCH GLOBAL RESIDENCY VENKATARAMANA TEMPLE ROAD KATAPADI UDUPI-574 105. REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 TO R3; SRI. MANJUNATHESWAR, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ISSUANCE OF FORM NO.9 PASSED IN CEP/AREUBF/91/2023-24 DATED 31.10.2023 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-A AND ETC. - 3 - HC-KAR NC: 2026:KHC:29947 WP No. 1377 of 2024 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. None appears for the petitioners. 2. The petitioners have challenged the recovery proceedings initiated against them for recovery of the loan advanced by respondent no.4-Society. 3. It is seen that the petitioners are having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 4. However, this Court on 12.01.2024 has passed the following order: "Learned counsel for the petitioners submits that on account of financial difficulty, some amount due to the respondent/bank could not be paid and he would submit that pursuant to the award passed by the arbitrator, the property of the petitioners are to be put to action and auction is scheduled on 16.01.2024. - 4 - HC-KAR NC: 2026:KHC:29947 WP No. 1377 of 2024 Since, it is submitted that the petitioners will discharge the lawful dues, the scheduled auction is stayed subject to the petitioners depositing 20% of the amount mentioned in Annexure 'E' within four weeks. List this matter on 12.02.2024. In the meantime, petitioner to comply with office objections." 5. As the petitioners are having an alternative and efficacious remedy, I proceed to pass the following: ORDER (i) The writ petition is dismissed reserving the liberty to the petitioners to approach the appellate authority in the manner known to law; (ii) The petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if they were to file an appeal; (iii) The interim order granted by this Court on 12.01.2024 shall stand extended for a further period of four weeks from today; (iv) It is hereby made clear that no opinion is expressed on the merits of the case and it is - 5 - HC-KAR NC: 2026:KHC:29947 WP No. 1377 of 2024 for the appellate authority concerned to decide the matter in accordance with law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 38