- 1 - HC-KAR NC: 2026:KHC:29701 WP No. 8437 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. 8437 OF 2025 (CS-RES) BETWEEN: 1. MRS. JOHARA W/O ARABI KUNHI A.K. AGED ABOUT 48 YEARS R/AT D.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. THE GENERAL MANAGER ATHAMASHAKTHI MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. [KARNATAKA CO-OPERATIVE SOCIETIES ACT] "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:29701 WP No. 8437 of 2025 3. SRI. ARABI KUNHI A.K. S/O UMAR KUNHI A.K. R/AT D.NO.1-49(12) ASAI MADAKA HOUSE ASAIGOLLI, MANJANADY MANGALURU-575 199. 4. MRS. SWABHIRA BANU W/O MOHAMMED YASIN AGED ABOUT 36 YEARS R/AT D.NO.1-49(12) ASAI MADAKA HOUSE ASAIGOLLI, MANJANADY MANGALURU-575 199. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1; R2, R3 & R4 ARE SERVED BUT UNREPRESENTED) 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 13-02-2025 IN JRM/DDS/203/2022-23 AND C.E.P. NO.467/2023-24 ISSUED BY RESPONDENT NO.01 VIDE ANNEXURE-A 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 - 3 - HC-KAR NC: 2026:KHC:29701 WP No. 8437 of 2025 ORAL ORDER 1. Learned counsel for the petitioner is absent. 2. The petitioner has challenged the recovery proceedings initiated pursuant to default committed in respect of repayment of a loan advanced by respondent no.2-Society. 3. 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. 4. On 21.03.2025, this Court had passed the following interim order: "1. Learned AGA accepts notice for respondent No.1. 2. Issue emergent notice to respondents No.2 to 4 returnable by 25.04.2025. 3. The submission of the Counsel for the petitioner is that due to financial stringency, the petitioner could not make payment of the due amounts. The total amount due as on today is Rs.47,25,873/-. The petitioner in order to establish his bonafides would make payment of a sum equivalent to 20% of the said amount, i.e., Rs.11,81,468/-- within four weeks from today, that is on or before 30.04.2025 and another sum equivalent to 20% of the due amount within four weeks thereafter, that - 4 - HC-KAR NC: 2026:KHC:29701 WP No. 8437 of 2025 is by 31.05.2025 and remaining balance to be paid thereafter. 4. In view of the said submission, though the auction can go on, respondents are restrained from confirming the auction sale. 5. Process fee and copies to be furnished by end of day the 24.03.2025. In the event of default thereof, as also in the event of default in making payment of the above installments, the interim order would stand automatically vacated and respondent-Bank would be at liberty to confirm the auction. 6. Re-list on 25.04.2025." 5. For the aforementioned reasons, the writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate appellate authority in the manner known to law. 6. If the petitioner prefers an appeal, she will be entitled to the benefit of Section 14 of the Limitation Act, 1963. 7. The interim order passed by this Court on 21.03.2025 will continue for a further period of four weeks from today. - 5 - HC-KAR NC: 2026:KHC:29701 WP No. 8437 of 2025 8. It is hereby made clear that no opinion is expressed on the merits of the case and it is for the appellate authority to decide the matter in accordance with law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 68