- 1 - HC-KAR CNR: KAHC010480292026 NC: 2026:KHC:41489 WP No. 22120 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22120 OF 2026 (CS-RES) BETWEEN: 1. SMT RESHMA RAO AGED ABOUT YEARS. W/O SRI. ASHWATH RAO RESIDING AT ANUSHREE, NETAJI ROAD, HARADI, PUTTUR TALUK, DAKSHINA KANNAD - 574 201. 2. SUSHMA HEBBAR W/O SHASHANK HEBBAR, AGED MAJOR, RESIDING AT NO 17 HANSA, RUSHYASHRUNGA ROAD, KONANAKUNTE, BENGALURU SOUTH, BANGALORE - 560 062 3. ASHA V RAO W/O VITTAL RAO KOLPE NEEV KOLPE GARDEN, JOGULABETTU, KARKALA …PETITIONERS (BY SRI. ANISH ACHARYA, ADVOCATE) AND: 1. MANGALA CREDIT CO.OP. SOCIETY LTD REPRESENTED BY ITS GENERAL MANAGER, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480292026 NC: 2026:KHC:41489 WP No. 22120 of 2026 HEAD OFFICE AT PLAMA CENTER, 1ST FLOOR, BEJAJ KAPIKAD ROAD, BEJAJ, MANGALORE - 575 004. REGISTERED UNDER SOCITIES REGISTRATION ACT, 1959 2. JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MYSORE PROVINCE, MYSORE 3. DEEPA SHENOY S/O R V SHENOY AGED MAJOR R/O LAKSHMI NIVASA CAR STREET, KARKALA 4. SMT JAYALAKSHMI D/O R V SHENOY AGED MAJOR R/O LAKSHMI NIVASA CAR STREET KARKALA 5. VITTAL RAO KOLPE R/AT NIEVE KOLPE GARDEN JOGULABETTA RAGHAVENDRA SWAMY MATH KARKALA 6. ASHOK SHENOY R/O LAKSHMI NIVASA CAR STREET, KARKALA BOTH R VENUMADHAVA AND VITTAL RAO KOLPE ARE DECEASED THEIR LEGAL HEIRS ARE MADE PARTY TO THE PETITION …RESPONDENTS - 3 - HC-KAR CNR: KAHC010480292026 NC: 2026:KHC:41489 WP No. 22120 of 2026 (BY SMT. SPOORTHI V., HCGP FOR R2 VIDE ORDER DATED 06.08.2026, NOTICE TO R1, R3 TO R6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE NOTICE DATED 04.07.2025 ISSUED BY RESPONDENT NO.2 AND THE CONSEQUENT ARBITRATION PROCEEDINGS INITIATED THEREUNDER UNDER SECTION 70 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, BEARING NO. JRM DDS 152/2025-26, PENDING ON THE FILE OF RESPONDENT NO.2, AS BEING WHOLLY BARRED BY LIMITATION AND WITHOUT JURISDICTION VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER On an allegation of a default committed in respect of a loan said to have been borrowed by one Late Vittal Rao Kolpe and others, a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 has been initiated by respondent No.1 - Society and the same is pending before respondent No.2. The petitioners have - 4 - HC-KAR CNR: KAHC010480292026 NC: 2026:KHC:41489 WP No. 22120 of 2026 been impleaded in the proceedings as legal representatives of the deceased Vittal Rao Kolpe. 2. The petitioners do not deny the fact that they are the legal representatives of Late Vittal Rao Kolpe. However, they contend that the recovery proceedings initiated by respondent No.1 is time barred and the same is not maintainable. It is further contended that they have requested respondent No.1 - Society to provide them with the necessary documents relating to the alleged transactions and they have not produced the same. Hence, the present writ petition is filed with the following prayers: "a) Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the notice dated 04.07.2025 issued by Respondent No.2 and the consequent arbitration proceedings initiated thereunder under Section 70 of the Karnataka Co- operative Societies Act, 1959, bearing No.JRM DDS 152/2025-26, pending on the file of Respondent No.2, as being wholly barred by limitation and without jurisdiction vide Annexure - A. - 5 - HC-KAR CNR: KAHC010480292026 NC: 2026:KHC:41489 WP No. 22120 of 2026 b) Issue a Writ of Mandamus or any other appropriate writ, order, or direction, restraining Respondent No.1 and Respondent No.2 from proceeding further with the said arbitration proceedings, vide ANNEXURE'' dt 4/7/25 or from taking any coercive steps pursuant thereto, against the Petitioners No.1 to 3; c) Pending disposal of this petition, stay all further proceedings in the arbitration referred to above; d) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice." 3. The learned High Court Government Pleader, upon instructions, submits that no prayer is made against the State and that the dispute is between the petitioners and respondent No.1 - Society. Admittedly, the proceedings are pending before respondent No.2 and the petitioners are at liberty to take up all contentions before respondent No.2 and also seek for production of necessary documents by respondent No.1 -Society. - 6 - HC-KAR CNR: KAHC010480292026 NC: 2026:KHC:41489 WP No. 22120 of 2026 4. Under the circumstances, with regard to the same transaction, entertaining the writ petition does not arise. The petitioners can always seek for production of necessary documents from respondent No.1 - Society before respondent No.2 itself and respondent No.1 - Society is obliged to produce the necessary documents and rely upon them to prove the debt. Further, the petitioners are always at liberty to take up the aspect of limitation before respondent No.2. Hence, no interference at the hands of this Court is required. 5. For the aforementioned reasons, the Writ Petition is hereby dismissed, reserving liberty to the petitioners as mentioned in Paragraph No.4 supra. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 2