- 1 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 19081 OF 2025 (CS-RES) BETWEEN: SRI SATYANARAYANA K T S/O B L THIMAPPA, AGED ABOUT 55 YEARS, R/AT KANAGODHU, MALVE VILLAGE, BELUR POST, KASABA HOBLI, SAGARA TALUK, SHIVAMOGGA DISTRICT-57401 …PETITIONER (BY SRI. MAHESH A.S.,ADVOCATE) AND: 1. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES SOUHARDHA SAHAKARI ARBITRATION COURT, SITUATED AT NO.68, 1ST FLOOR, 17 AND 18 CROSS, BETWEEN, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560003 2. THE SECRETARY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, NO.146, 8TH CROSS, 3RD MAIN ROAD, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 MARGOSA ROAD, MALLESHWARAM, BENGALURU-560003 3. KODACHADRI ADHIKE SOUHARDHA SAHAKARA SANGHA LTD. REPRESENTED BY ITS CHIEF MANAGER, SRI BALACHANDRA N B, HAVING ITS OFFICE AT A.P.M.C YARD, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT-577418 A SOCIETY REGISTERED UNDER KARNATAKA SOUHARDA CO-OPERATIVE ACT 1997 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R2 SRI. HARISH KUMAR M.S., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AWARD/ORDER DTD. 03.04.2025 PASSED BY THE R-1 IN DISPUTE NO. J.D.R/K.R/SU.S.S.N/36/2023-24 IN THE INTEREST OF JUSTICE AND EQUITY. DIRECT THE RECALL AND REOPENING OF THE STAGE OF EVIDENCE, THEREBY PERMITTING THE PETITIONER TO FULLY AND EFFECTIVELY CROSS-EXAMINE R-3 VIDE ANNEXURE-B IN THE INTEREST OF JUSTICE AND TO ENSURE A FAIR AND COMPLETE TRIAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ******* - 3 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner aggrieved by the order dated 03.04.2025 passed by respondent No.1 in dispute No. J.D.R/K.R/Su.S.S.N/36/2023-24 and also sought for direction to recall and reopen the stage of evidence, by permitting the petitioner to fully and effectively cross-examine respondent No. 3. 2. Brief facts leading to the filing of this petition are as follows: 3. The petitioner filed a complaint under Section 84 of the Sugar Agricultural Produce Marketing Committee Act (‘Sugar APMC Act’ for brevity), seeking a comprehensive account of business transactions conducted with respondent No.3. In response, and expressing willingness to resolve the matter, respondent No.3 registered the dispute before respondent No.1 as dispute - 4 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 No.J.D.R/K.R/Su.S.S.N/36/2023-24. The matter was listed on 20.03.2025 for cross-examination of respondent No.3 at 2:30 p.m. On the said date, due to heavy traffic and congestion, the petitioner was unable to appear. Consequently, respondent No.1 closed the stage for cross-examination without granting the petitioner a fair and reasonable opportunity to do so. 4. The petitioner filed an application to recall and reopening of the said stage of proceedings and permit the petitioner to cross examine Respondent No.3. The said application was rejected by respondent No.1 vide order dated 03.04.2025. The petitioner, aggrieved by the same, filed this writ petition. 5. Heard the arguments of the learned counsel for the petitioner, learned Additional Government Advocate and learned counsel for respondent No.3. - 5 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 6. Learned counsel for the petitioner submits that the petitioner filed a complaint before respondent No.1. The matter was listed for cross-examination of respondent No.3 at 02:30 p.m. Learned counsel appearing for the petitioner could not reach the office of respondent No.1. Meanwhile, respondent No. 1 has taken the cross-examination as nil. She submits that the petitioner was prevented to appear on 20.03.2025 due to heavy traffic and congestion. Subsequently, petitioner filed an application to recall and reopen the stage of evidence. Respondent No.1 could have allowed the application filed by the petitioner, on the contrary, rejected the application. Hence, on these grounds, she prays to allow the writ petition. 7. Per contra, learned counsel for respondent No.3 submits that sufficient opportunity was given to the petitioner to cross-examine the respondent No.3. Despite granting sufficient opportunity, the petitioner did not avail the opportunity. Thus, respondent No.1 - 6 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 has rightly rejected the application. Accordingly, prays to dismiss the writ petition. 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that the petitioner filed a complaint under Section 84 of the Sugar APMC Act. The matter was listed on 20.03.2025 for cross- examination of respondent No.3 at 02:30 p.m. The learned counsel appearing for the petitioner could not reach the office of respondent No.1 due to heavy traffic and congestion. The petitioner has shown a sufficient cause for not appearing before respondent No.1 within time. Respondent No.1 without considering the said aspect rejected the application filed for reopening and recalling the stage of evidence. As the dispute involves huge amount of money, if one opportunity is provided to the petitioner, no injustice would cause to respondent No.3. Respondent No.3 could be compensated in terms of money. - 7 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 10. The petitioner filed the application and respondent No.1 endorsed on the said application however rejected as sufficient opportunity is not given and the respondents are dragging the matter. Respondent No.1 has not assigned any reasons for rejecting the said application. Under such facts and circumstances of the case, I proceed to pass the following order: ORDER i. The writ petition is allowed. ii. The order dated 03.04.2025 passed by the first respondent, vide Annexure A, is hereby quashed. iii. IA filed by the petitioner dated 26.03.2025 is allowed. iv. Respondent No.3 is directed to be present before the respondent No.1 on 16.02.2026. v. Respondent No.1 shall permit the petitioner to cross examine RW.3 and thereafter pass - 8 - HC-KAR NC: 2026:KHC:4724 WP No. 19081 of 2025 the appropriate order in accordance with law. vi. The petition is allowed subject to payment of cost of ₹ 10,000/-. vii. The petitioner shall pay the said amount to the respondent No.3 before respondent No.1. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV