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2026 DAILYLAW 26671 (KAR)

NITHESH DEVADAS v. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES

WP/19691/2026 · 2026-07-02

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32896 WP No. 19691 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19691 OF 2026 (CS-RES) BETWEEN: 1. NITHESH DEVADAS S/O DEVADAS KOTIAN AGED 39 YEARS RESIDING AT NO.2-391/11 SWAMY KRIPA KAJEPADAVU HOUSE KOLAMBE POST AND VILLAGE BAJPE, MANGALURU-574 151. …PETITIONER (BY SRI. DEEPAK WAGLE, ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND EX-OFFICIO RECOVERY OFFICER MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYALBAIL MANGALORE-575 003 D.K.DISTRICT. 2. SRI BHAGAVATHI CO-OP. BANK LTD. REGISTERED NO.5986/77 MORGANSGATE MANGALORE-575 001 D.K.DISTRICT. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32896 WP No. 19691 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, SETTING ASIDE THE SALE NOTICE DATED 04.06.2026 IN DISPUTE NO.53/2018-19, C.E.P NO.191/2018- 19, ISSUED BY RESPONDENT NO.1-ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER MANGALURU SUB-DIVISION (ANNEXURE - A) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, 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 against him by respondent no.2-Co-operative Bank. 2. 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. - 3 - HC-KAR NC: 2026:KHC:32896 WP No. 19691 of 2026 3. For the aforementioned reason, the writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate appellate authority in the manner known to law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 3