- 1 - HC-KAR NC: 2026:KHC:30126 WP No. 21474 of 2024 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. 21474 OF 2024 (CS-RES) BETWEEN: 1. SMT. S. GAYATHRI W/O. LATE B. SRINIVASAMURTHY, AGED ABOUT 46 YEARS, NO.11, 14TH CROSS, KUVEMPU NAGAR, BANASHANKARI 3RD STAGE, IITUMADU, BANGALORE - 560 085. 2. KUM. SUREKHA D/O. LATE B. SRINIVASAMURTHY, AGED ABOUT 19 YEARS, NO.11, 14TH CROSS, KUVEMPU NAGAR, BANASHANKARI 3RD STAGE, IITUMADU, BANGALORE - 560 085. …PETITIONERS (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: 1. 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 V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30126 WP No. 21474 of 2024 2. THE DEPUTY REGISTRAR OF SOWHARDA SOCIETIES, SOWHARDA SAHAKARI SOUDHA, NO. 68, GROUND FLOOR, BETWEEN 17TH AND 18TH CROSS, MALLESWARAM, BANGALORE - 560 55. 3. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, SOWHARDA SAHAKARI SOUDHA, NO. 68, GROUND FLOOR, BETWEEN 17TH AND 18TH CROSS, MALLESWARAM, BANGALORE - 560 55. 4. ODIYOOR SHIR VIVIDHODDESSHA SOWHARDA SAHAKARI LTD., REGIONAL OFFICE AT BHAGAVATHI OFFICE, INFRONT OF KAPITHANIYO SCHOOL, PAMPVEL, MANGALORE - 575 002, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (REG- UNDER CO-OPERATIVE SOCIETIES ACT, 1959) 5. SRI. T.S. RAMACHANDRA RAO S/O K. SRINIVAS RAO, R/AT NO. 77/8, 2ND MAIN, BENGALURU - 560 003. 6. SMT. S. ROOPALATHA W/O T.S. RAMACHANDRA RAO, R/AT NO. 77/8, 2ND MAIN BENGALURU - 560 003. …RESPONDENTS (BY SMT. SPOORTHI V., AGA FOR R1 TO R3; SRI. JITHIN JEIJO, ADVOCATE FOR CAV/R4; R5 SERVED BUT UNREPRESENTED) - 3 - HC-KAR NC: 2026:KHC:30126 WP No. 21474 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EXPARTE AWARD DATED 18.07.2024 PASSED BY THE 2ND RESPONDENT IN DRD/KA.RA.SOW.SAN.SA.NI/9383/ 2019-20 (ANNEXURE-A) AS AGAINST THE PETITIONERS, CONSEQUENTLY REMAND THE MATTER BEFORE 2ND RESPONDENT FOR FRESH CONSIDERATION AFTER GIVING REASONABLE OPPORTUNITY TO THE PETITIONERS TO CONTEST THE MATTER ON MERITS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners have challenged the recovery proceedings initiated by respondent No.4 - Society pursuant to a default committed in respect to loan advanced. The proceedings have been initiated under the provisions of the Karnataka Souhardha Sahakari Act, 1997 (for short, 'the Act'). 2. It is seen that the petitioners are having an alternative and efficacious remedy under Section 46 of the Act. However, this Court had passed an interim order dated 08.08.2024 which reads as under: - 4 - HC-KAR NC: 2026:KHC:30126 WP No. 21474 of 2024 "Office objections to be complied with by the next date of hearing. Learned AGA accepts notice for respondent Nos.1 to 3. Copies to be served. Learned counsel for the Caveator-respondent No.4 seeks time. Re-list on 19.08.2024. In the meanwhile, there shall be an interim order of stay as prayed for in the petition, till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order." 3. Having noticed that 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 known to law. However, the interim order granted by this Court on 08.08.2024 shall continue for a further period of four (4) weeks from today. - 5 - HC-KAR NC: 2026:KHC:30126 WP No. 21474 of 2024 4. 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. 5. 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.: 20