- 1 - HC-KAR NC: 2026:KHC:32359 WP No. 14739 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 14739 OF 2025 (CS-RES) BETWEEN: 1. MR. VIJAYA GOWDA S/O BABU GOWDA AGED ABOUT 49 YEARS R/AT NO.2-35(14A) PIJAKKALA HOUSE KOYYURU VILLAGE KOYYURU POST BELTHANGADY TALUK D.K.-574 214. …PETITIONER (BY SRI. THOUSIF AHAMMAD A., ADVOCATE) AND: 1. THE SOUTH CANARA DISTRICT CENTRAL CO-OP BANK UJIRE BRANCH HAVING ITS BRANCH OFFICE UJIRE TOWN, BELTHANGADY UJIRE VILLAGE, BELTHANGADY TQ. BY ITS AUTHORISED OFFICER. 2. THE RECOVERY OFFICER CO-OPPERETIVE SOCITY K.C.S.R. 441 Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32359 WP No. 14739 of 2025 SOUTH CANARA DISTRICT CENTRAL CO-OP BANK MANGALORE-575 003. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE AUCTION NOTICE DATED 07.04.2025 IN C.E.P.NO.36/2024-25 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A AND 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 ORAL ORDER 1. The petitioner has challenged the auction notice issued by respondent no.2 in respect of default committed in repayment of loan. 2. This Court, on 20.05.2025 had passed the following interim order: "Heard. Issue emergent notice to the respondents. There shall be an interim order of stay of the auction to be held on 21.05.2025, subject to condition, the petitioner depositing a sum of Rs.3,00,000/- within two weeks from today. - 3 - HC-KAR NC: 2026:KHC:32359 WP No. 14739 of 2025 Court fee is said to have been made good. Office to verify. Petitioner to comply with remaining office objections." 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. Hence, the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate appellate authority in the manner known to law; (ii) If the petitioner prefers an appeal, he will be entitled to the benefit of Section 14 of the Limitation Act, 1963; (iii) The interim order passed by this Court on 20.05.2025 will continue 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 - 4 - HC-KAR NC: 2026:KHC:32359 WP No. 14739 of 2025 for the appellate authority to decide the matter in accordance with law; (v) Registry is directed to return back the original/certified copy of the documents to the petitioner after retaining photocopies of the same. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 16