- 1 - HC-KAR NC: 2026:KHC:34211 WP No. 19711 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19711 OF 2026 (CS-RES) BETWEEN: 1. M/S. SHREE MANJUNATHA HARDWARE AND STEELS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT 2ND MAIN ROAD, NEW MANDIPET, TUMAKURU - 572 102, REPRESENTED BY ITS PARTNERS. 2. K.S. SIDDALINGAPPA S/O LATE SHAMBULINGAPPA AGED ABOUT 90 YEARS 3. SMT. VIJAYA K. W/O K.S. SIDDALINGAPPA, AGED ABOUT 85 YEARS, 4. SRI T.S. DAYANANDA S/O K.S. SIDDALINGAPPA, AGED ABOUT 55 YEARS, 5. SMT. PRATHIBA P.N. W/O T.S. DAYANANDA, AGED ABOUT 49 YEARS, NO.2 TO 5 ARE RESIDING AT MANJUSHREE, 2ND CROSS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34211 WP No. 19711 of 2026 VIDYANAGAR, TUMAKURU - 572 103. 6. SRI. T.S. SUDHIR S/O K.S. SIDDALINGAPPA, AGED ABOUT 59 YEARS, 7. SMT. ANITA T.S. W/O T.S. SUDHIR, AGED ABOUT 52 YEARS, NO.6 TO 7 ARE RESIDING AT SRI MANJUNATHA NILAYA, 9TH MAIN ROAD, MAHALAKSHMINAGAR, BATWADI, TUMAKURU - 572 103. …PETITIONERS (BY SRI. RAVIKUMARA B.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOEICIETIES, SOUHARDA CO-OPERATIVES DISPUTE ARBITRATION COURT, KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., "SOUHARDA SAHAKARA SOUDHA". NO. 68, 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS, MARGOSA ROAD MALLESHWARAM, BENGALURU - 560 055. - 3 - HC-KAR NC: 2026:KHC:34211 WP No. 19711 of 2026 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, SOUHARDA SAHAKARI ARBITRATION COURT, "SOUHARDA SAHAKARA SOUDHA", NO. 68, 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS, MARGOSA ROAD MALLESHWARAM, BENGALURU - 560 055. 4. SHIVASHREE SOUHARDA PATTINA SAHAKARI SANGHA NIYAMITHA (FORMERLY SHIVASHREE SOUHARDA CREDIT CO-OPERATIVE LTD.) ASHOKANAGAR, TUMAKURU - 572 103, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER /LOAN AND LEGAL DEPARTMENT MANAGER. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 TO R3; SRI. P.S. MALIPATIL, ADVOCATE FOR R4) THIS WRIT PEITITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION, MORE PARTICULARLY A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 06.03.2026 PASSED BY THE LEARNED JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (NI-441), SOUHARDA SAHAKARI ARBITRATION COURT, BENGALURU, IN J.R.D. NO. 1040/2022-23, REJECTING THE PETITIONERS APPLICATION UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, PRODUCED AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:34211 WP No. 19711 of 2026 ORAL ORDER The proceedings have been initiated against the petitioners for recovery of the loan borrowed by them from respondent No.4 - Society. The case is pending on the file of respondent No.3. 2. The case of the petitioners is that they were not granted sufficient time to cross-examine the creditor's witness before respondent No.3. Hence, the present writ petition is filed with the following prayers: "a) Issue an appropriate writ, order or direction, more particularly a Writ of Certiorari, quashing the impugned order dated 06.03.2026 passed by the learned Joint Registrar of Co-operative Societies (NI-441), Souharda Sahakari Arbitration Court, Bengaluru, in J.R.D.No.1040/2022-23, rejecting the Petitioners' application under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, produced as Annexure-A; b) Consequently, allow (I.A.) application under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure filed by the petitioners & - 5 - HC-KAR NC: 2026:KHC:34211 WP No. 19711 of 2026 permit the petitioners to further cross examine the PW1 as sought in the application. c) Grant such other reliefs as this Hon'ble Court deems fit in the interests of justice and equity." 3. The learned counsel appearing for respondent No.4 submits that, inspite of granting sufficient opportunities, the petitioners have deliberately failed to cross-examine PW1 and that this petition is filed only with a view to prolong the proceedings. 4. The order sheet of respondent No.3 reveals that inspite of granting sufficient opportunities, the petitioners have failed to cross-examine PW1. However, with a view to meet the ends of justice, I am of the opinion that, one opportunity should be given for the petitioners to cross- examine PW1. Hence, the following: ORDER i. The Writ Petition is hereby disposed of. - 6 - HC-KAR NC: 2026:KHC:34211 WP No. 19711 of 2026 ii. The impugned order dated 06.03.2026 passed by respondent No.3 vide Annexure-A to the writ petition is hereby set aside. iii. The petitioners shall cross-examine PW1 on the very next day of hearing, without seeking any further adjournment. iv. The petitioners shall pay a cost of Rs.10,000/- to respondent No.4 before cross-examination. v. The petitioners shall cooperate for quick disposal of the case, without taking any further adjournment. vi. Respondent No.3 shall dispose of the case as expeditiously as possible. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 4