- 1 - HC-KAR NC: 2026:KHC:34193 WP No. 19064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.19064 OF 2025 (CS-RES) BETWEEN: 1. SRI S. HARISH S/O LATE H.S. SRIKANTA SHASTRY, AGE ABOUT 34 YEARS R/AT NO.20, 1ST MAIN ROAD, M.G. ROAD, SUBRAMANYAPURA UTTARAHALLI BENGALURU-560 061. 2. SMT. NETHRAVATHI W/O S. HARISH AGED ABOUT MAJOR, R/AT NO.20, 1ST MAIN ROAD, M.G. ROAD, SUBRAMANYAPURA UTTARAHALLI BENGALURU-560 061. 3. SRI MANJUNATH S/O R.V. GOPAL, AGED ABOUT 37 YEARS R/AT NO.19, 3RD CROSS, J.C. ROAD, KALASIPALYA, BENGALURU-560 002. …PETITIONERS (BY SRI. B.S. JAYANTH KRISHNA, ADVOCATE, (ABSENT)) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34193 WP No. 19064 of 2025 AND: 1. SAHAKARA CREDIT CO-OPERATIVE BANK LTD., NO.415/3, F BLOCK, SAHAKARANAGARA, BENGALURU-52 REP. BY ITS PRESIDENT OR VICE PRESIDENT OR ITS DIRECTORS. …RESPONDENT (BY SRI. T. DADAKHALANDAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE PROCEEDINGS HELD ON 02.07.2025, BY THE RESPONDENT BANK, BY INVITING TENDERS FROM PUBLIC, IN PURSUANCE TO INTIMATION BEARING NO.RCS/UBC-3/DIS/231/2019-20 DATED 06.05.2022 FOR BEING IN CONTRAVENTION TO RULE 9 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1960 (ANNEXURE A), 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 - 3 - HC-KAR NC: 2026:KHC:34193 WP No. 19064 of 2025 ORAL ORDER 1. None appears for the petitioners. 2. It is seen that the petitioners have challenged the recovery proceedings initiated by respondent No.1 - Co-operative Society for the default committed in respect of the loan advanced. This Court on 01.07.2025, passed the following order:- "1. Issue emergent notice to respondents returnable by 12.08.2025. 2. The submission of the Counsel for the petitioner is that due to financial stringency, the petitioner could not make payment of the due amounts. The total amount due as on today is Rs.1,11,18,000/-. The petitioner in order to establish his bonafides would make payment of a sum equivalent to 25% of the said amount, i.e., Rs.27,79,500/- within four weeks from today, that is on or before 29.07.2025 and another sum equivalent to 25% i.e., Rs.27,79,500/- within four weeks thereafter, that is by 26.08.2025. 3. In view of the said submission, though the auction can go on, respondents are restrained from confirming the auction sale. - 4 - HC-KAR NC: 2026:KHC:34193 WP No. 19064 of 2025 4. Process fee and copies to be furnished by end of day the 05.07.2025. In the event of default thereof, as also in the event of default in making payment of the above installments, the interim order would stand automatically vacated and respondent-Bank would be at liberty to confirm the auction. 5. Re-list on 12.08.2025. 6. Hand delivery ordered." 3. 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. 4. For the aforementioned reasons, the writ petition stands dismissed reserving liberty to the petitioners to approach the appropriate authority in the manner known to law. However, the interim order granted on 01.07.2025 shall continue to be in force for a further period of four weeks from today. 5. The petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if they were to file an appeal. - 5 - HC-KAR NC: 2026:KHC:34193 WP No. 19064 of 2025 6. The Registry is directed to return the original documents /certified copies produced by the petitioner at the time of filing of the petition upon due verification. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 58