- 1 - HC-KAR NC: 2026:KHC:32358 WP No. 5079 of 2024 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. 5079 OF 2024 (CS-RES) BETWEEN: 1. SRI. HONNAPPA GOWDA S/O LAXAMANA GOWDA AGED ABOUT 52 YEARS R/AT MAVINAKATTE HOUSE DEVACHALLA VILLAGE GUTTIGARU POST, SULIA TALUK DAKSHINA KANNADA DISTRICT-574 218. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. DEBT RECOVERY OFFICER OF CO-OPERATIVE SOCIETY DISTRICT CENTRAL COOPERATIVE BANK MANGALORE, DAKSHINA KANNADA-574 218. 2. ASST. REGISTRAR OF CO-OPERATIVE SOCIETY PUTTUR SUB DIVISION PUTTUR, D.K.-574 238. 3. MANAGING DIRECTOR SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK SUBRAMANAYA BRANCH Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32358 WP No. 5079 of 2024 KADABA TALUK DAKSHINA KANNADA-574 238. 4. SRI. POORNESH P.R. S/O ROHITTHASHWA MAJOR R/AT POOJARIKOODI HOUSE NALKURU VILLAGE GUTTIGARU POST SULIA TALUK DAKSHINA KANNADA-574 218. 5. DR. POORNIMA C/O LAXAMANA GOWDA MAJOR ROHITTHASHWA R/AT POOJARIKOODI HOUSE NALKURU VILLAGE GUTTIGARU POST SULIA TALUK DAKSHINA KANNADA-574 218. 6. THEJ KUMAR S/O RAVINDRANATH MAJOR R/AT ISIRI PHARMS ALATI POST AND VILLAGE SULIA TALUK DAKSHINA KANNADA DISTRICT-574 218. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3; R1 & R6 SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2026:KHC:32358 WP No. 5079 of 2024 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED AWARD DATED 11/12/2020 IN DISPUTE NO.JRM/DDS/1393/2018-19 PASSED BY RESPONDENT NO.2 AS PER ANNEXURE-A AND NOTICES DATED 02/01/2024 ISSUED BY RESPONDENT NO.1 BEARING NO.eÉ.Dgï.JA/r.r.J¸ï/1393/2018- 19 AS PER ANNEXURES-B AND B1 IN SO FAR AS PETITIONER IS CONCERN 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 recovery proceedings initiated towards default of a loan borrowed from respondent no.3-Society. 2. This Court, on 19.02.2024 had passed the following interim order: "ORDER Heard. Learned Government Advocate accepts notice on behalf of respondent No.2. Issue emergent notice to remaining respondents. - 4 - HC-KAR NC: 2026:KHC:32358 WP No. 5079 of 2024 Learned counsel for the petitioner submits that the petitioner though was a surety to the loan borrowed by respondent No.4 was not made a member of respondent No.3-Bank. Thus, he would contend that dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 is not maintainable against the surety as Section 70(2)(b) provides for a dispute by the surety. Under these circumstances, it is his submission that the award is one without Jurisdiction. It is also submitted that the borrower has mortgaged his property as a security for the loan and Bank deliberately is not proceeding against the borrower, despite a mortgaged property available for sale. Since the contention is raised that the award is without Jurisdiction, the writ petition is entertained keeping upon the objection relating to the alternative remedy. Since it is stated that the award is one without Jurisdiction, the operation of the impugned award and the sale notice issued thereafter is stayed till the next date." 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 - 5 - HC-KAR NC: 2026:KHC:32358 WP No. 5079 of 2024 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 19.02.2024 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 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.: 14