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2026 DAILYLAW 293 (KAR)

M/S SHREE CHARAN SOUHARADA CO OPERATIVE BANK LIMITED v. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES

WP/25623/2025 · 2026-02-23

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11194 WP No. 25623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25623 OF 2025 (CS-RES) BETWEEN: M/S SHREE CHARAN SOUHARADA CO-OPERATIVE BANK LIMITED (REGISTERED CO-OPERATIVE SOCIETY) REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER SHRI. KALTI J.R J.P, NAGARA BRANCH, NO.12, 16TH CROSS, 20TH MAIN, OPP, SAMVED SCHOOL, 5TH PHASE, J.P.NAGAR, BANGALORE-560078. …PETITIONER (BY SRI. K V LOKESH., ADV.) AND: 1. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SAHAKAR SOUDHA NO.68, 1ST FLOOR 18 CROSS MARGOSA ROAD MALLESHWARAM BANGALORE-560055 2. SRI. DEEPAK DIVAKAR, S/O D.G. DIVAKAR, AGED ABOUT 34 YEARS 3. SMT. GEETHA DIVAKAR, D/O JOGIHALY MOOD, AGED ABOUT 59 YEARS, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11194 WP No. 25623 of 2025 4. SMT. MADHU, D/O D.G. DIVAKAR, AGED ABOUT 36 YEARS, ALL ARE R/AT NO.17/15, BALAJI NILAYA, 6TH MAIN (5TH MAIN), PAPAIAH GARDEN, BSK 3RD STAGE, BANGALORE-560085. 5. SRI. VENKATESH.M.V, S/O. VENKATARAMAIAH, AGED ABOUT 48 YEARS, SALE OFFICER, 6. MRS. VEDAVATHI, THE MANAGER, AGED MAJOR, R5 & R6 BOTH EMPLOYEES OF M/S. SHREE CHARAN SOUHARADA CO-OPERATIVE BANK LIMITED, J.P.NAGARA BRANCH, NO.12, 16TH CROSS, 20TH MAIN, OPP, SAMVED SCHOOL, 5TH PHASE, J.P.NAGAR, BANGALORE-560078. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 17.07.2025 ISSUED BY THE 1ST RESPONDENT IN DISPUTE NO. 601/2025 AS PER ANNEXURE- G, (B) ISSUE A WRIT OF PROHIBITION RESTRAINING THE 1ST RESPONDENT FROM PROCEEDING WITH DISPUTE NO. 601/2025 AS PER ANNEXURE- F AND FURTHER THE QUASH THE PROCEEDINGS IN ITS ENTIRETY, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:11194 WP No. 25623 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the notice dated 17.07.2025 issued by respondent No.1 calling upon the petitioner to appear before respondent No.1 on 19.08.2025 at about 11.30 a.m. and also challenge the proceedings initiated restraining respondent No.1 from proceeding with Dispute No.601/2025, vide Annexures F and G. 2. Respondent Nos.2 to 4 raised the dispute under Section 39(3) of the Karnataka Souharda Sahakari Act, 1997 to issue a direction to the competent authority to conduct an internal enquiry of misappropriation of funds, illegal activities, and misuse of powers and also to issue direction to the Bank to produce all the relevant documents. The Deputy Registrar of Co-operative Society issued a notice vide Annexure-G dated 17.07.2025 calling upon the petitioner to appear before the Deputy Registrar - 4 - HC-KAR NC: 2026:KHC:11194 WP No. 25623 of 2025 of Co-operative Society. The petitioner aggrieved by the notice, filed this writ petition. 3. Admittedly. the private respondents filed a petition before the Deputy Registrar of Co-operative Society seeking a direction to the competent authority to conduct an internal enquiry of the misappropriation of funds, illegalities and misuse of power. The Deputy Registrar of Co-operative Society issued a notice calling upon the petitioner to appear before him on 19.08.2025. It is noted that the impugned notice at Annexure-G is the only the appearance notice. The petitioner without appearing before the Deputy Registrar filed this writ petition. 4. Further, the petitioners can raise all the contentions by filing the statement of objections. The Deputy Registrar has not passed any adverse order against the petitioners. The writ petition filed by the - 5 - HC-KAR NC: 2026:KHC:11194 WP No. 25623 of 2025 petitioner is premature. I do not find any grounds to entertain the writ petition. Accordingly, the writ petition is dismissed. 5. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB