- 1 - HC-KAR NC: 2026:KHC:32150 WP No. 17206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 17206 OF 2025 (CS-RES) BETWEEN: K DHANALAKSHMI W/O R KARUPAYYA AGED 55 YEARS RESIDING AT NO.845 KHATHA NO.1953/1203 9TH CROSS ROAD, WEAVERS COLONY GOTTIGERE, B G ROAD BANGALORE - 560 083. …PETITIONER (BY SRI. V B RAVISHANKER, ADVOCATE) AND: 1. THE ASST REGISTRAR OF CO-OPERATIVE SOCIETIES, 3RD ZONE, BANGALORE CITY NO.68, 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS ROAD MARGOSA ROAD, MALLESHWARAM BANGALORE - 560 055 2. THE CHIEF EXECUTIVE OFFICER NETAJI CREDIT CO-OP SOCIETY LTD., OFFICE AT NO.76, 27TH CROSS ROAD 13TH MAIN ROAD, 4TH BLOCK EAST Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32150 WP No. 17206 of 2025 JAYANAGAR, BANGALORE - 560 011 …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 SRI. T. DADAKHALANDAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE SALE NOTICE DATED 15.04.2025 ANNEXURE-A. DIRECT THE RESPONDENT NO.2 BANK TO DEDUCT WRONGFULLY DEBITED CHARGES TOWARDS ADDITIONAL INTEREST LATE FEES, PENALTY CHARGES AND CHARGES UNDER VARIOUS HEADS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner in the instant writ petition has challenged the recovery proceedings initiated against her by respondent No.2 - Society towards default committed - 3 - HC-KAR NC: 2026:KHC:32150 WP No. 17206 of 2025 in repayment of the loan. The writ petition is filed with the following prayers: "(i) Issue writ in the nature of certiorari and quash the Sale Notice dated 15.04.2025 Annexure-A issued by Respondent No.1 (ii) Direct the respondent No.2 bank to deduct wrongfully debited charges towards additional interest, late fees, penalty charges and charges under various heads (iii) Grant such other reliefs this Hon'ble Court deems to think fit in the present facts and circumstances." 2. On 02.07.2025, this Court has passed the following order: "1. Learned AGA is directed to accept notice for respondent No.1. 2. Issue notice to respondent NO.2 returnable by 31.07.2025. 3. The submission of learned counsel for the petitioner is that as on 15.04.2025, the amount due is Rs.13,15,175/- and that an amount of Rs.1,00,000/- has been deposited on 19.06.2025. Given four weeks' time 25% would be deposited i.e. by 30.07.2025 and 25% thereafter by 27.08.2025. - 4 - HC-KAR NC: 2026:KHC:32150 WP No. 17206 of 2025 4. Process fee and copies to be furnished by the end of the day on 4.07.2025 failing which the interim order granted above shall stand automatically vacated. 5. Relist on 30.07.2025. In the meanwhile, office objections to be complied with." 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. For the aforementioned reasons, the Writ petition is hereby dismissed, reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. 5. However, the respondents are directed not to precipitate the matter against the petitioner for a period of four (04) weeks from today. 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 shall decide the same in the manner known to law, without - 5 - HC-KAR NC: 2026:KHC:32150 WP No. 17206 of 2025 being influenced by any of the observations made herein above. 6. The petitioner shall also be entitled to the benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by her. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 60