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2026 DAILYLAW 28702 (KAR)

SRI S SUKUMAR v. MANAGING DIRECTOR

WP/5616/2025 · 2026-07-02

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 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. 5616 OF 2025 (CS-RES) BETWEEN: 1. SRI. S. SUKUMAR S/O SRI. K. SATHYANARAYANA, AGED ABOUT 42 YEARS, NO.40, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. …PETITIONER (BY SRI. CHIRAG JANARDHANA B J.,ADVOCATE FOR; SRI. JANARDHANA REDDY B J.,ADVOCATE) AND: 1. MANAGING DIRECTOR KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., AT SOUHARDA SAHAKARI SOUDHA 2ND FLOOR, BETWEEN 17 AND 18 CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU - 560 003. 2. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., AT SOUHARDA SAHAKARI SOUDHA 2ND FLOOR, BETWEEN 17 AND 18 CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU - 560 003. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 3. SRI S. NAGARAJ S/O SRI K. SATHYANARAYANA, MAJOR IN AGE, R/AT.NO.40, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. 4. SRI DEEPAK PRAGALANATHAN FATHER'S NAME IS NOT KNOWN, MAJOR IN AGE, R/AT.282, 6TH CROSS, 2ND MAIN ROAD, NEAR CORPORATION BANK, PAI LAYOUT, BENGALURU - 560 016. 5. SRI K. SATHYANARAYANA SINCE DEAD R3 AND R6 ARE LRS OF R5 S/O LATE SRI KANDASWAMY MAJOR IN AGE, R/AT. NO.40, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. 6. SMT.VARALAKSHMI W/O SRI K. SATHYANARAYANA, MAJOR IN AGE, R/AT. NO.40, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. 7. SMT. NAVANITHA W/O PRAGALANATHAN MAJOR IN AGE, R/AT.282, 6TH CROSS, 2ND MAIN ROAD, NEAR CORPORATION BANK, PAI LAYOUT, - 3 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 BENGALURU - 560 016. 8. SRI S.P. YATHIRAJU S/O SRI PERUMAL K. MAJOR IN AGE AT KANIKA PARAMESHWARI TEMPLE BAZAAR STEET, HALASURU, BENGALURU - 560 008. 9. SMT. RASHMI N. W/O SRI S. NAGARAJ MAJOR IN AGE, R/AT. NO.40, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. 10. SRI ARAVIND SRINIVAS S/O SRI VENKATAIAH G. MAJOR IN AGE AT NO.181, 5TH CROSS, 7TH MAIN ROAD, HALASURU, BENGALURU - 560 008. 11. SMT. NAVYA GIRISH W/O SRI GIRISH MAJOR IN AGE AT NO.4, 6TH MAIN ROAD, CHINNANNA PALYA ADUGODI, BENGALURU - 560 030. 12. SMT. ANURADHA D. W/O SRI ARAVIND SRINIVAS MAJOR IN AGE AT NO.181, 5TH CROSS, 7TH MAIN ROAD, HALASURU, BENGALURU - 560 008. - 4 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 13. SRI PRAGALANATHAN S/O LATE SRI VISHWANATH, MAJOR IN AGE, R/AT.282, 6TH CROSS, 2ND MAIN ROAD, NEAR CORPORATION BANK, PAI LAYOUT, BENGALURU - 560 016. 14. SMT. SHAKUNTALA D.S. W/O LATE SRI SUBRAMANYA AT NO.4, 6TH MAIN ROAD, CHINNANNA PALYA, ADUGODI, BENGALURU - 560 030. …RESPONDENTS (BY SRI. KIRAN KUMAR T L.,ADVOCATE FOR R1; SMT. SPOORTHI V.,HCGP FOR R2; VIDE ORDER DATED 25/04/2025 NOTICE TO R11 AND R14 IS HELD SUFFICIENT; R3, R6, R8, R9 SERVED AND UNREPRESENTED; R5 DECEASED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DATED 11.09.2024 PASSED BY THE SECOND RESPONDENT i.e., THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., BENGALURU, AT SOUHARDA SAHAKARI SOUDHA 2ND FLOOR, BETWEEN 17 AND 18 CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU, IN CASE NO.JRD/KRSFCPLTD/07(37A)/2022-23, REJECTING THE INTERLOCUTORY APPLICATION (I.A.) DATED 03/04/2023 OF THE PETITIONER AT ANNEXURE-A AND CONSEQUENTLY, ALLOW THE SAID INTERLOCUTORY APPLICATION (I.A.) DATED 03/04/2023, FILED BY THE PETITIONER HOLDING THAT THE PETITIONER HEREIN IS NOT A MEMBER OF THE SAID SOCIETY AND DISMISS THE CASE AGAINST THE PETITIONER HEREIN WHO IS ARRAYED AS THE - 5 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 RESPONDENT-2 TO MAIN PETITION IN THE SAID CASE NO.JRD/KRSFCPLTD/07(37A)/2022-23. THIS PETITION, COMING ON FOR ORDERS 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 interim order dated 11.09.2024 passed by respondent No.2 under Section 41(3) of the Karnataka Souharda Sahakari Act, 1997 (for short, 'the Act'). 2. This Court had passed an interim order dated 06.03.2025. The same reads as under:- "1. Learned AGA is directed to accept notice for respondent No.2. Issue emergent notice to respondents No.1, 3 to 14 returnable by 27.3.2025. 2. The further proceedings in JRD/KRSFCPLTD/07(37A)/2022-23 pending before the respondent No.2-Joint Registrar insofar - 6 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 as the petitioner is concerned, is stayed till the next date of hearing. 3. It is made clear that proceedings against the other respondent therein shall continue. 4. Process fee and copies to be furnished by end of the day tomorrow i.e., 7.3.2025, failing which, the above granted interim order would automatically stand vacated. 5. Re-list on 27.3.2025." 3. It is seen that the petitioner is having an alternative and efficacious remedy under Section 46 of the Act. 4. As the petitioner is having an alternative and efficacious remedy, the writ petition is liable to be dismissed. Hence, the following:- ORDER i. The Writ Petition stands dismissed, reserving liberty to the petitioner to approach the appropriate authority in the manner known to law. However, the interim order granted on - 7 - HC-KAR NC: 2026:KHC:32901 WP No. 5616 of 2025 06.03.2025 shall continue to be in force for a further period of four weeks from today. ii. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal. iii. 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 matter on the basis of the pleadings and the evidence let-in before it. iv. The Registry is directed to return the original documents / certified photocopies produced by the petitioner at the time of filing of the petition and upon due verification. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 32