THASLIM AREEF v. M/S SUMANGALA CREDIT CO OP SOCIETY LTD
WP/16663/2023 · 2026-08-11
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32768 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32768 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010389222023 NC: 2026:KHC:42416 WP No. 16663 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 16663 OF 2023 (CS-RES) BETWEEN:
1. THASLIM AREEF S/O HUSSAINABBA AGED ABOUT 45 YEARS R/AT NO.5-58 AYSHA JUNAIN, NEHARU NAGAR NARIKOMBU, BANTWAL TALUK DAKSHINA KANNADA-574 231. …PETITIONER (BY SRI. ANIL KUMAR D., ADVOCATE [VC]) AND:
1. M/S SUMANGALA CREDIT CO-OP SOCIETY LTD. HEAD OFFICE PANEMANGALORE PANEMANGALORE, BANTWAL TALUK DAKSHINA KANNADA-574 231. REPRESENTED BY THE AUTHORISED OFFICER/ CHIEF MANAGER. THE CO-OPERATIVE SOCIETIES ACT, 1912. …RESPONDENT (BY SRI. PRASANNA V.R., ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS AND ISSUE DIRECTIONS TO RESPONDENT BANK TO CONSIDER THE REPRESENTATIONS DATED 04/07/2023 RESPECTIVELY UNDER ANNEXURE-A AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010389222023 NC: 2026:KHC:42416 WP No. 16663 of 2023
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. The petitioner is said to have borrowed a loan from respondent-Co-operative Society Bank. She has committed default in repayment of the loan. Hence, she has given a representation to the Bank to consider her request for one time settlement. As the same has not been considered by respondent-Bank, the present writ petition is filed with the following prayers:
"a) Issue Writ in the nature of 'Mandamus' and issue directions to respondent Bank to consider the Representations dated 04.07.2023 respectively under Annexure-A;
b) Set aside the sale notice dated 20.06.2023 issued by Respondent under Annexure-B;
c) Issue necessary direction/s to the Respondents, pending consideration of the Representations dated 04.07.2023 submitted by the Petitioner under Annexure-A, not to proceed with any kind of recovery action against the schedule property including
- 3 -
HC-KAR
CNR: KAHC010389222023 NC: 2026:KHC:42416 WP No. 16663 of 2023
disturbing physical possession and auction the schedule property;
d) Issue such other Writ, order or direction/s as may be deemed fit to grant in the given circumstances of the case in the ends of justice and equity."
2. The relationship between the petitioner and the respondent is governed by the contract entered into between them.
It is not the case of the petitioner that any term of the contract has been violated by respondent-Bank. 3. For the aforementioned reasons, the writ petition is hereby dismissed. 4. It is hereby made clear that dismissal of the writ petition will not come in the way of respondent-Bank to consider the request of the petitioner for one time settlement, if the same is permissible under law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 37