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2026 DAILYLAW 29805 (KAR)

SRI HAREESHA H @ H HAREESHA SALIAN v. THE RECOVERY OFFCER AND ASSISTANT REGISTRAR COOPERATIVE SOCIETY

WP/11096/2024 · 2026-07-10

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35325 WP No. 11096 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.11096 OF 2024 (CS-RES) BETWEEN: 1. SRI HAREESHA H @ H HAREESHA SALIAN S/O BABU, AGED ABOUT 45 YEARS, R/O. 1/158/1, SALLAN NIVAS, KORADABBU KALA, HOSABETTU, SURATHKAL, MANGALORE-575 019. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. THE RECOVERY OFFCER AND ASSISTANT REGISTRAR COOPERATIVE SOCIETY MANGALORE SUB DIVISION, MANGALORE, DAKSHINA KANNADA-575 003 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT REP. BY MANAGER. 2. MANGALORE REFINERY PETROCHEMICALS LIMITED KUTHETHOOR POST (VIA) KATIPALLA, MANGALORE-575 030 REGISTERED UNDER MINISTRY OF PETROLEUM AND NATURAL GAS (MOP AND NG), GOVERNMENT OF INDIA (GOI) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35325 WP No. 11096 of 2024 REP BY GENERAL MANAGER-HR. 3. SRI. BHAGAVATHI CO-OPERATIVE BANK MORGAN GATE JEPPU, MANGALORE, DAKSHINA KANNADA-575 002 REGISTERED UNDER STATE CO-OPERATIVE SOCIETIES ACT, REP BY CHIEF EXECUTIVE OFFICER. 4. MS. LAKSHMI DEVI W/O LATE RAMANNA MOOLYA, MAJOR, R/AT SR BUILDING, SHIVAGIRI CROSS ROAD, HOSABETTU POST, BAIKAMPADI, MANGALORE-575 019. 5. MR. DHERAJ SHETTY S/O MADAVA SHETTY, AGED ABOUT 36 YEARS, R/AT 3RD BLOCK, LAND LINKS, ELIGHT, MERYHILL, MANGALORE, DAKSHINA KANNADA-575 009. 6. SALES OFFICER SRI. BHAGAVATHI CO-OPERATIVE BANK MORGAN GATE JEPPU MANGALORE DAKSHINA KANNADA-575 002 REGISTERED UNDER STATE CO-OPERATIVE SOCIETIES ACT REP BY SALES OFFICER. …RESPONDENTS (BY SMT. SPOORTHI V., HCP., FOR R.1; SRI. KETHAN KUMAR, ADVOCATE FOR R.3; - 3 - HC-KAR NC: 2026:KHC:35325 WP No. 11096 of 2024 VIDE ORDER DATED 21.08.2025 NOTICE TO R.5 IS DISPENSED WITH; R.2, R.4 AND R.6 ARE SERVED AND UNREPRESENTED.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMMUNICATION ORDER DATED 23.07.2021 IN CEP NO.37/2020-21 PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A CONSEQUENTLY DIRECT THE RESPONDENT NO.1 TO RECALL THE ATTACHMENT ORDER AND FURTHER DIRECT THE RESPONDENT NOS.1 AND 3 TO REFUND THE AMOUNT OF RS.13,95,000/- ALONG WITH INTEREST AS PRAYED IN THE REPRESENTATION DATED 01.04.2024 AS PER ANNEXURE-W, 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. Admittedly, the petitioner stood as a guarantor for the loan borrowed by one Late Tukarama S/o.Late Ramanna Moolya from respondent No.3 - Co-operative Bank. The borrower committed default in repayment of the loan. The - 4 - HC-KAR NC: 2026:KHC:35325 WP No. 11096 of 2024 petitioner herein and other persons who are liable to pay the amount has suffered an award at the hands of respondent No.1. In pursuance of the same, the salary of the petitioner is sought to be attached. The petitioner is challenging only the act of the authorities concerned in attaching his salary to recover the loan of respondent No.3-Co-operative Society Bank. He has not challenged the award. 2. Irrespective of the regulations that governs the service conditions of the petitioner with his employer, the petitioner under the contract of guarantee is liable to pay the dues of respondent No.3 - Bank. Accordingly, his salary is attached. I do not see any error in the same. For the said reason, the writ petition stands dismissed. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 47