- 1 - HC-KAR NC: 2026:KHC:31082 WP No. 15646 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.15646 OF 2026 (CS-RES) BETWEEN: 1. SHAINAZ W/O NASER KUKKAJE, AGED ABOUT 42 YEARS, R/AT 3-50/3 NADAJE HOUSE, MANCHI VILLAGE, BANTWALA TALUK, DAKSHINA KANNADA-574 323. …PETITIONER [BY SRI. THOUSIF AHAMMAD A., ADVOCATE (ABSENT)] AND: 1. THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION, MANGALORE TALUK, DAKSHINA KANNADA-575 001. 2. THE BRANCH MANAGER NO.7149 SAMAJA SEVA CO-OPERATIVE SOCIETY LTD., BANTWALA, DAKSHINA KANNADA - 574 323. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R.1) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31082 WP No. 15646 of 2026 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE AUCTION NOTICE DATED 08.04.2026 IN CEP NO.189/2018-19 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE, IN SO FAR CONCERNED IN FAVOUR OF PETITIONER ONLY, 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. Learned counsel for the petitioner is absent. 2. The petitioner in the instant writ petition has challenged the recovery proceedings initiated against her under the provisions of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). 3. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Act. 4. However, this Court, on 21.05.2026 has passed the following order: - 3 - HC-KAR NC: 2026:KHC:31082 WP No. 15646 of 2026 "1. Issue emergent notice showing the returnable date as 10.06.2026. 2. There shall be ad-interim stay as sought for subject to the petitioner depositing a sum of `2 lakh with the respondent on or before the next date of hearing. In the event, the deposit is not made, the interim order shall automatically stand vacated. 3. List on 10.06.2026." 5. As the petitioner is having an alternative and efficacious remedy under the Act, the aforementioned writ petition is hereby dismissed reserving liberty to the petitioner to approach the appropriate forum in the manner known to law. However, the interim order granted on 21.05.2026 shall continue to be in force for a further period of four weeks from today. 6. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if she were to file an appeal. 7. It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were to be filed, - 4 - HC-KAR NC: 2026:KHC:31082 WP No. 15646 of 2026 the Appellate Authority shall decide the matter on the basis of the pleadings and the evidence let-in before it. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 21