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2026 DAILYLAW 42067 (KAR)

NARAYANA GOWDA v. BENGALURU AND BENGALURU RURAL DISTRICTS CO-OPERATIVE CENTRAL BANK LTD.,

WP/28863/2026 · 2026-09-28

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 28863 OF 2026 (CS-RES) BETWEEN: NARAYANA GOWDA, S/O. LATE PUTTEGOWDA, AGED ABOUT 73 YEARS, FORMER PRESIDENT AND PRESENT DIRECTOR, BD AND BRRDCC BANK LTD., RESIDING AT KARALALUSANDRA, MALAGALU POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND: 1. BENGALURU AND BENGALURU RURAL DISTRICTS CO-OPERATIVE CENTRAL BANK LTD., NO.6, LAKSHMI SADAN, 5TH MAIN ROAD, CHAMARAJAPETE, BENGALURU-560 018, REPRESENTED BY ITS MANAGING DIRECTOR. 2. JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, BENGALURU DIVISION, SAHAKARA SOUDHA, NO.146, III FLOOR, 3RD MAIN, 8TH CROSS, MARGOSA ROAD, MALLESWARAM, BENGALURU-560 003. 3. KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004, REPRESENTED BY ITS SECRETARY. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 4. SRI H.P. SHANTHA KUMAR PRESIDENT, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004, SINCE DECEASED, BY HIS LRS. SMT. K.V.USHA, W/O LATE DR. H.P. SHANTHA KUMAR, 5. SMT. VINAYA S, D/O LATE DR. H.P SHANTHA KUMAR, RESPONDENTS NO.4 AND 5 ARE RESIDING AT NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 6. SRI SURESH, S/O RAGHU, SECRETARY, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 7. SRI AJIT S CHADAGAR, SINCE DECEASED, BY HIS LRS. SMT. SHARADA A CHADAGAR, W/O LATE AJIT S CHADAGAR, 8. SRI VIJAY S CHADAGAR, S/O LATE AJIT S CHADAGAR, 9. SMT. VAISHNAVI S CHADAGAR, D/O LATE AJIT S CHADAGAR, - 3 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 RESPONDENTS NO.7 TO 9 ARE AT NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 10. SRI B.J. SURESH, S/O LATE JAVARE GOWDA, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 11. SMT. K.V. USHA, W/O LATE H.P SHANTHA KUMAR, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 12. SMT. SAVITHRAMMA, W/O LATE K. VEERAIAH, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 13. SRI DEVANANDA PAI K S/O GOPALA RAO K, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 14. SRI ULLAS S., S/O SATYARAJ CHADAGAR, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. - 4 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 15. SRI NARASIMHAIAH, S/O GANGANNA, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 16. SMT. HANUMAKKA, W/O NARASIMAHAIAH, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 17. SRI V.S. NAIK, S/O HARIHAR NAIK, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 18. SRI K. JANARDHANA, S/O LATE KRISHNAPPA, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 19. SRI U.SADASHIVA SHETTY, S/O U. SUBBANNA SHETTY, DIRECTOR, KONARK CREDIT CO-OPERATIVE SOCIETY LTD., NO.56, SUBBARAMA CHETTY ROAD, NATTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. SRI S.G. CHELUVAIAH, FORMER VICE PRESIDENT, BD AND BRRDCC BANK, SINCE DECEASED, BY HIS LRS. - 5 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 20. SRI V.R. GOWDA, S/O LATE S.G CHELUVAIAH, 21. SRI S.C. GOPALAKRISHNA, S/O LATE S.G CHELUVAIAH, RESPONDENTS NO.20 AND 21 ARE RESIDING AT SONDEKOPPA, SONDEKOPPA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU RURAL DISTRICT - 562130. 22. SRI V. CHENNAPPA, FORMER VICE PRESIDENT, BD AND BRRDCC BANK, SINCE DECEASED, BY HIS LRS. SMT. JAYAMMA, W/O LATE V. CHENNAPPA, 23. SRI RAMESH, S/O LATE V. CHENNAPPA, 24. SRI C.VENUGOPAL, S/O LATE V. CHENNAPPA, 25. SRI C. PRAKASH, S/O LATE V. CHENNAPPA, RESPONDENTS NO.22 TO 25 ARE RESIDING AT NERALAGHATTA, ANABE POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561203. 26. SRI A. NARASIMHAIAH, FORMER DIRECTOR, BD AND BRRDCC BANK, GANTEGANAHALLI POST, KURUVEGERE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561205 - 6 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 27. SRI N.S. NARASE GOWDA, FORMER DIRECTOR, BD AND BRRDCC BANK, NO.692, 'A' 8TH MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BENGALURU-560 079. 28. SRI B. RAMI REDDY, FORMER DIRECTOR, BD AND BRRDCC BANK, NO.124, 'A' FLOOR, 26TH CROSS, 6TH BLOCK, JAYANAGAR, BENGALURU-560 070. 29. SRI K.T. VENKATASWAMY, FORMER BRANCH MANAGER (RETD.), CENTRAL OFFICE BRANCH, BD AND BRRDCC BANK, NO.1013E, MOOKAMBIKA A.R AVENUE, NEW THIPPASANDRA, BENGALURU-560 075. 30. SRI M. NAGARAJ, SINCE DECEASED, BY HIS LRS. SMT. VIJAYALAKSHMI, W/O LATE M.NAGARAJ, 31. SRI N. SRINIVASA REDDY, W/O LATE M.NAGARAJ, 32. SRI N. SANTOSH REDDY, W/O LATE M.NAGARAJ, RESPONDENTS NO.30 TO 32 ARE RESIDING AT DADDIBAGILU, MARATHA STREET, TYAGARAJA ROAD, ANEKAL TOWN, BENGALURU - 562106 33. SRI H.J. RANGAPPA, BRANCH SUPERVISOR, CENTRAL OFFICE BRANCH, JUNIOR ASSISTANT, BD AND BRRDCC BANK, RESIDING AT NO.213, 1ST CROSS, - 7 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 REMCO LAYOUT, VIJAYANAGAR, BENGALURU-560 040. 34. SRI RAMAKRISHNA, SINCE DECEASED, BY HIS LRS. SMT. H.R. SHILPA, C/O LATE LOHIT KUMAR B.H, 35. SMT. H.R. SHRUTHI, C/O LATE LOHIT KUMAR B.H, RESPONDENTS NO.34 AND 35 ARE RESIDING AT NO.5/32, 3RD FLOOR, DEEPAK COMPLEX ROAD, NEAR AMBEDKAR COLLEGE, NAGARABHAVI, BENGALURU-560 072. 36. SRI B.UMESH, SINCE DECEASED, BY HIS LRS. SMT. H.S. HARINI, W/O LATE H.B UMESH, 37. SRI KEERTI KANDA S/O LATE H.B UMESH, 38. SRI CHARAN, S/O LATE H.B UMESH, RESPONDENTS NO.36 TO 37 ARE RESIDING AT NO.112, ICSC MAIN ROAD, NAGARABHAVI, BENGALURU-560 072. 39. SRI B. MRUTHUNJAYA, SENIOR ASSISTANT (DISMISSED), BD AND BRRDCC BANK LTD., (PLANNING AND DEVELOPMENT BRANCH), HOUSE NO.1087, 15TH 'B' CROSS, - 8 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 2ND STAGE, YELAHANKA NEW TOWN, BENGALURU-560 064. 40. SRI C.D. SURESH, 41. SRI C.D. MANJUNATH, RESPONDENTS NO.40 AND 41 ARE RESIDING NO.221, 5TH CROSS, FIRST STAGE, K.H.B COLONY, BASAVESHWARANAGAR, BENGALURU-560 079. …RESPONDENTS (BY SRI. M.S.RUDRAIAH, ADVOCATE FOR C/R1; SRI. YOGESH D. NAIK, AGA FOR R2; VIDE COURT ORDER DATED 17.09.2026, NOTICE TO R18 TO R21 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Muralidhar H.M., counsel for the petitioner; Sri.M.S.Rudraiah, counsel for caveator / respondent No.1; and Sri.Yogesh. D.naik, Additional Government Advocate for respondent No.2, appeared in person. - 9 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 2. The petition is filed seeking to quash the order dated 02.09.2026 passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No. 102/2026, vide Annexure-A. 3. Counsel for the respective parties advanced several contentions. Counsel for the petitioner submits that, following the award, an appeal was filed along with an application to stay the award. The KAT rejected the application. He argued that the auction is scheduled for 05.10.2026, 09.10.2026, and 14.10.2026. The Tribunal was informed that Form No. 8 had been issued and that the property auction was scheduled for those dates. The Tribunal declined to grant a stay. Accordingly, he submits that an appropriate order may be passed. Counsel for respondent No.1 and the Additional Government Advocate, urging certain contentions, submit that an appropriate order may be passed. - 10 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 4. Heard the arguments and perused the papers with care. 5. The issue is narrow and concerns the KAT’s order declining to pass an appropriate order on the interim application. It is sufficient to note that the award was challenged before the Tribunal and that an interim order was also sought. Counsel for the petitioner specifically contends that the Tribunal failed to consider the submissions regarding the scheduling and auctioning of the property and declined to grant interim relief. A review of the records shows that the property auctions are scheduled for 05.10.2026, 09.10.2026, and 14.10.2026. The impugned order appears not to have addressed these contentions. Accordingly, this Court deems it appropriate to set aside the Tribunal’s order on the interim application and direct the Tribunal to rehear the application, taking into account the contentions advanced by the respective parties. - 11 - HC-KAR CNR: KAHC010632392026 NC: 2026:KHC:53499 WP No. 28863 of 2026 6. The writ of certiorari is ordered. The order dated 02.09.2026 passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No. 102/2026, at Annexure-A, is quashed. The Appellate Tribunal is directed to hear the application afresh and pass appropriate orders on or before 01.10.2026. 7. Resultantly, the writ petition is disposed of. As the Court has only directed to dispose of the application afresh, there is no need to issue notice to other respondents. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 14