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2026 DAILYLAW 26576 (KAR)

THE PRESIDENT v. SMT. SUJATHA S KOTIYAN

WP/25652/2024 · 2026-06-24

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31442 WP No. 25652 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25652 OF 2024 (CS-RES) BETWEEN: 1. THE PRESIDENT DAKSHINA KANNADA JILLA MAHILA SAHAKARA BANK LTD. JANATHA BAZAR BUILDING GANAPATHI HIGH SCHOOL ROAD MANGALORE-575 001. 2. THE GENERAL MANAGER DAKSHINA KANNADA JILLA MAHILA SAHAKARA BANK LTD. JANATHA BAZAR BUILDING GANAPATHI HIGH SCHOOL ROAD MANGALORE-575 001. …PETITIONERS (BY SRI. VEERESH M.UPPIN, ADVOCATE FOR SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SMT. SUJATHA S.KOTIYAN AGED ABOUT 41 YEARS W/O CHANDRASHEKAR KOTYAN SANIDHYA HOSABETTU, KULAYE MANGALORE-575 019. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION LTD. NO.132, 2ND FLOOR Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31442 WP No. 25652 of 2024 K.H. ROAD, BANGALORE-560 027. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R2; SRI. NAGENDRA NAIK R., ADVOCATE FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 22.01.2024 PASSED IN A.R.D/U.B.F/793/2017- 18 BY RESPONDENT NO.2 (ANNEXURE-M) AND 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 ORAL ORDER 1. It is seen that respondent no.1 has raised the dispute under Section 70(1)(c) of the Karnataka Co-operative Societies Act, 1959, which has been allowed by respondent no.2. Aggrieved by the same, the petitioners- Society have preferred the present writ petition. 2. It is seen that, the petitioners are having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. However, this Court by its order dated 23.09.2024 had passed the following interim order: - 3 - HC-KAR NC: 2026:KHC:31442 WP No. 25652 of 2024 "Learned Additional Government Advocate accepts notice for respondent No.2. Issue emergent notice to respondent No.1. List after service of notice. In the meanwhile, the impugned order at Annexure-M dated 22.01.2024, is stayed till the next date of hearing. Liberty is reserved in favour of respondent to seek vacation / modification of this order. Office objections are kept in abeyance for the present." 3. As the petitioners are having an alternative and efficacious remedy, the writ petition is liable to be dismissed. Hence, the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioners to approach the appropriate appellate authority in the manner known to law; (ii) If the petitioners prefer an appeal, they will be entitled to the benefit of Section 14 of the Limitation Act, 1963; - 4 - HC-KAR NC: 2026:KHC:31442 WP No. 25652 of 2024 (iii) The interim order passed by this Court on 23.09.2024 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 petitioners after retaining photocopies of the same. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 58