- 1 - HC-KAR CNR: KAHC010054232024 NC: 2026:KHC:36581 WP No. 3926 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.3926 OF 2024 (CS-RES) BETWEEN: 1. SRI VISHNU G S/O LATE SRIDHARA MURTHY GUMATA AGED 74 YEARS NO.171, 37TH 'C' CROSS 5TH BLOCK, 9TH MAIN JAYANAGAR, BANGALORE-560 041. …PETITIONER [BY SRI. V. MOHAN, ADVOCATE (ABSENT)] AND: 1. JOINT REGISTRAR OF CO-OP SOCIETIES RECOVERY OFFICER (441) K S S F C S LTD "SOUHARDA SAHAKARI SOUDHA" FIRST FLOOR, BETWEEN 17TH AND 18TH CROSS MARGOSA ROAD, MALLESWARAM BANGALORE-560 055 (ARBITRATOR UNDER KARNATAKA STATE CO-OPERATIVE SOCIETIES ACT- QUASI JUDICIAL OFFICER) 2. M/S. SRUJANA VIVIDODDESHA SOUHARDA SAHAKARI NIYAMITA Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010054232024 NC: 2026:KHC:36581 WP No. 3926 of 2024 NO.64, 3RD CROSS SRI M SEETHARAMAIAH ROAD GAVIPURAM, BANGALORE-560 019 REP BY CHIEF EXECUTIVE OFFICER SRI R ANANDA THEERTHA (URBAN CO-OPERATIVE SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-LENDER). …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1; SRI. GURURAJ KULKARNI, ADVOCATE FOR R.2.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESPONDENT NO.1 IMPUGNED AUCTION SALE NOTICE DATED 19.01.2024 VIDE E.P.NO.KRSCSSN/S.SM.SN/VA/304-2023- 2024 (ANNEXURE-A) IN RESPECT OF THE SCHEDULE PROPERTY AS INVALID AND NOT IN ACCORDANCE WITH LAW, 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 CNR: KAHC010054232024 NC: 2026:KHC:36581 WP No. 3926 of 2024 ORAL ORDER 1. Learned counsel for the petitioner is absent. 2. The petitioner has challenged the recovery proceedings initiated against him by respondent No.1 under the provisions of the Karnataka Souharda Sahakari Act, 1997 (for short 'the Act'). 3. It is seen that the petitioner is having an alternative and efficacious remedy under Section 46 of the Act before the Karnataka Appellate Tribunal. 4. However, this Court, on 16.02.2024 has passed the following interim order: "Learned Government Advocate accepts notice on behalf of respondent No.1. Issue emergent notice to respondent No.2. Learned counsel for the petitioner submits that ex- parte award is passed against the petitioner and without there being a valid notice, petitioner is placed ex-parte. He further submits that pursuant to the award, - 4 - HC-KAR CNR: KAHC010054232024 NC: 2026:KHC:36581 WP No. 3926 of 2024 possession notice is issued to take possession of the immovable property belonging to the petitioner. He would further submit that such order is questioned before the Debt Recovery Tribunal and the Debt Recovery Tribunal has granted stay of operation of possession notice dated 22.07.2022. He would further submit that the petitioner has deposited the amount ordered to be deposited by Debt Recovery Tribunal. It is his further submission that despite the stay order granted by the Debt Recovery Tribunal, sale notice is issued at Annexure-F, to auction the property. He would further submit that without evaluating the property and without fixing the base price, the property is sought to be auctioned on 02.03.2024. Considering the submissions made, this Court is of the view that the operation of the impugned notice at Annexure-A is to be stayed subject to the petitioner depositing 20% of the amount in the respondent-Society mentioned in Annexure-A. 10% of the amount shall be deposited within a period of four weeks from today. Remaining 10% of the amount shall be deposited within a period of eight weeks from today. In case of single default, the respondent-Society is at liberty to proceed further in accordance with law to recover the amount. Stay till next date as ordered." - 5 - HC-KAR CNR: KAHC010054232024 NC: 2026:KHC:36581 WP No. 3926 of 2024 5. As the petitioner is having an alternative and efficacious remedy under the Act, the aforementioned writ petition is hereby dismissed reserving liberty to the petitioner to approach the appropriate authority in the manner known to law. However, the interim order granted on 16.02.2024 shall continue to be in force for a further period of four weeks from today. 6. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal. 7. 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. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 49