- 1 - HC-KAR NC: 2026:KHC:30598 WP No. 1684 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.1684 OF 2026 (CS-RES) BETWEEN: 1. SRI. ARABHI KUNHI A.K. S/O UMER KUNHI, AGED ABOUT 53 YEARS, R/AT HOUSE NO.1-49(12) ASAI MADAKA HOUSE, ASAIGOLLI, MANJANADY, MANGALURU-575 199. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE (ABSENT)) AND: 1. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MANGALURU SUB-DIVISION, MANGALURU-575 001. 2. ATHAMASHAKTHI MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. A CO-OPERATIVE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT, HAVING ITS REGISTERED OFFICE AT: "ATHMASHAKTHI SOUDHA", NEAR BAIRADIKERE, PADIL, MANGALORE-575 007 Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30598 WP No. 1684 of 2026 REPRESENTED BY ITS SECRETARY. 3. SMT. SWABHIRA BANU W/O MOHAMMED YASEEN, MAJOR, R/AT D.NO.1-49(12), ASAI MADAKA HOUSE, ASAIGOLLI, MANJANADY, MANGALURU-575 199. 4. SRI. MOHAMMED S/O HASSAN KUNHI, MAJOR R/AT D.NO.3-193, AJJINADKA HOUSE KOTEGAR, MANGALURU-575 022. …RESPONDENTS (BY SMT. SPOORTHI V., AGA., FOR R.1; NOTICE TO R.2 TO R.4 IS DISPENSED WITH VIDE COURT ORDER DATED 22.06.2026.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE ISSUED UNDER FORM-8 RULE 38 (2)(D) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 DATED 15.12.2025 IN CASE NO.JRM/DDS/78/2022-23 AND C.E.P. NO.461/2023-24 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:30598 WP No. 1684 of 2026 ORAL ORDER 1. The petitioner has challenged the recovery proceedings initiated against him by respondent No.2- Society for recovery of the loan advanced to him. 2. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. Hence, the following:- ORDER i. The writ petition is hereby dismissed reserving liberty to the petitioner to approach the Appellate authority in the manner known to law. ii. 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 VMB List No.: 1 Sl No.: 12