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2026 DAILYLAW 24995 (KAR)

SRI. CHANDRU K R v. THE JOINT REGISTRAR OF CO OPERATIVE SOCIEITES

WP/8572/2024 · 2026-06-25

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31807 WP No. 8572 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.8572 OF 2024 (CS-RES) BETWEEN: 1. SRI. CHANDRU K R S/O LATE RAGHUVEGOWDA AGED ABOUT 49 YEARS NO.1264, ANANDAM 2ND FLOOR, GAGAN CHUMBI DOUBLE ROAD, KUVEMPU NAGAR MYSURU - 570 023. …PETITIONER (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF COOPERATIVE SOCIEITES (RULE 441) KARNATAKA SOUHARDHA DISPUTE PANCHAYATH COURT KARNATAKA RAJYA SOUHARDHA SAMYUKTA SAHAKARI NIYAITHA SOUHARDHA SAHAKARA SOUDHA NO.68, 1ST FLOOR BETWEEN 17TH AND 18TH CROSS MARGOSA ROAD, MALLESHWARAM BENGALURU - 560 055. 2. M/S. MATHAJI VIVIDODDESHA SAHAKARAI NIYAMITHA Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31807 WP No. 8572 of 2024 NO.126, 1ST MAIN ROAD SESHADRIPURAM BANGALORE-560 020 REPRESENTED BY ITS CEO REGISTERED UNDER KARNATAKA SOUHARDHA SAHAKARI ACT, 1997. 3. RECOVERY OFFICE (RULE-441) AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KARNATAKA SOUHARDHA DISPUTE PANCHAYATH COURT KARNATAKA RAJYA SOUHARDHA SAMYUKTA SAHAKARI NIYAITHA SOUHARDHA SAHAKARA SOUDHA NO.68, 1ST FLOOR BETWEEN 17TH AND 18TH CROSS MARGOSA ROAD, MALLESHWARAM BENGALURU - 560 055. …RESPONDENTS (BY SRI SMT. SPOORTHI V., HCGP., FOR R.1 AND R.3; SRI. PRASHANTH N. HEGDE, ADVOCATE FOR R.2.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 IN DISPUTE NO. DRD/KA.RA.SOW.SAM.SA.NI/13028/2019-20 DATED 04.09.2023 IS HEREWITH PRODUCED AS ANNEXURE-G, 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:31807 WP No. 8572 of 2024 ORAL ORDER 1. The petitioner has challenged the recovery proceedings initiated against him by respondent No.2- Society. 2. It is seen that the petitioner is having an alternative and efficacious remedy under Section 46 of the Karnataka Souharda Sahakari Act, 1997. 3. However, this Court had passed an interim order dated 22.03.2024. The same reads as under:- "Subject to further consideration, there would be stay of the award at Annexure-G subject to the petitioner depositing amount as contemplated under Section 46 of the Karnataka Souharda Sahakari Act. Such deposit to be made within a period of four weeks from today. Learned AGA accepts notice for respondents 1 and 3. Issue emergent notice to respondent No.2. List this matter week after next." - 4 - HC-KAR NC: 2026:KHC:31807 WP No. 8572 of 2024 4. As the petitioner is having an alternative and efficacious remedy, the writ petition is liable to be dismissed. Hence, the following:- ORDER i. The writ petition stands dismissed reserving liberty to the petitioner to approach the appropriate authority in the manner known to law. However, the interim order granted on 22.03.2024 shall continue to be in force for a further period of four weeks from today. ii. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal. iii. 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 - 5 - HC-KAR NC: 2026:KHC:31807 WP No. 8572 of 2024 shall decide the matter on the basis of the pleadings and the evidence let-in before it. iv. The Registry is directed to return the original documents /certified copies produced by the petitioner at the time of filing of the petition and upon due verification. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 53