- 1 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.17768 OF 2025 (CS-RES) BETWEEN: MR IMMANUEL PREM KUMAR S/O LATE ALEXANDER, AGED ABOUT 58 YEARS, R/O TANTRI LANE, LADYHILL, MANGALURU - 575 006. …PETITIONER (BY MS./SMT. NAZEEFA M. MULLA, ADVOCATE) AND: 1. REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, NEAR RAJ BHAVAN, KARNATAKA, VASANTH NAGAR, BENGALURU, KARNATAKA-560 052. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SUB DIVISION, PUTTUR, TALUK-PUTTUR, DAKSHINA KANNADA - 574 201. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 3. VIJAYA CREDIT CO-OPERATIVE SOCIETY LTD., KULAI BRANCH, POST KULAI, MANGALURU TALUK - 575 019. REP. BY THE PRESIDENT. 4. VIJAYA CREDIT CO-OPERATIVE SOCIETY LTD., KULAI BRANCH, POST KULAI, MANGALURU TALUK - 575 019. REP. BY THE VICE PRESIDENT. 5. VIJAYA CO-OPERATIVE SOCIETY LTD., KULAI BRANCH, POST KULAI, MANGALURU TALUK - 575 019. REP. BY BANK MANAGER. (R3 TO R5 ARE REGISTERED UNDER CO-OPERATIVE SOCIETY ACT 1959) 6. MR. SAMPATH NAIK S/O ANTHAPPA NAIK, AGED ABOUT MAJOR, OCCUPATION DRIVER, R/O NEW MANGALORE PORT TRUST, PANAMBUR, MANGALORE - 575 010. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA, FOR R1 & R2; SRI K.V. NARASIMHAN, ADVOCATE FOR R6; SRI K. ANANDRAMA, ADVOCATE FOR R3; R4 AND R5- SD) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 QUASH THE IMPUGNED NOTICES BEARING NO.JRM/DDS/04/2018-2019 DATED 21.05.2025 FOR THE REPAYMENT OF OUTSTANDING LOAN AMOUNT OF RS. 23,50,416/- (RUPEES TWENTY THREE LAKHS FIFTY THOUSAND FOUR HUNDRED SIXTEEN ONLY) AND AUCTION NOTICE ISSUED BY RESPONDENT NO.2 WHICH IS PRODUCED AS ANNEXURE-A AND B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition challenging the impugned notices and auction notice dated 21.05.2025 issued by respondent No.2. 2. Heard the arguments of learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2, learned counsel for respondent No.3 and learned counsel for respondent No.6. 3. Learned counsel for the petitioner submits that, the petitioner is not residing in India. Respondent No.6 played a fraud on the petitioner and obtained the loan from the respondent No.3-Society. She further submits - 4 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 that, the Society could not have sanctioned the loan based on the power of attorney alleged to have been executed by the petitioner in favour of respondent No.6. She submits that, respondent No.2 issued the auction sale notice. Hence, the auction sale notice issued by respondent No.2 is arbitrary and erroneous. Hence, on these grounds, she prays to allow the writ petition. 4. Per contra, learned counsel for respondent No.3 submits that, respondent No.3 approached the Registrar under Section 70 of the Karnataka Co-operative Societies Act, 1959 for recovery of the loan amount. The Registrar has passed an award on 03.08.2018. The petitioner has not challenged the award passed by the Registrar. Unless the award passed by the Registrar is challenged, the petitioner has no locus to file a writ petition. It is also contended that, the petitioner filed suit in OS No.581 of 2018 against respondents-Society before the learned IV Addl. Civil Judge and JMFC, Mangaluru, D.K. In the said suit, respondents-Society filed an application under Order - 5 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 VII Rule 11(d) of Code of Civil Procedure. The application was allowed and the plaint was rejected. The petitioner, aggrieved by the order on the application, preferred an appeal in RA No.224 of 2019 on the file of learned Principal Senior Civil Judge and CJM, Mangaluru, D.K. The said appeal was dismissed vide judgment dated 23.08.2022. It is contented, that the petitioner is guilty of misrepresentation of facts and also guilty of suppression of the material facts. It is also contended that, the petitioner has not approached this Court with clean hands and by suppressing the material facts, has obtained the interim order by this Court. Hence, on these grounds, he prays to dismiss the petition with exemplary costs. 5. Perused the records and considered the submissions of learned counsel for the parties. 6. It is the case of respondent No.3 that, the petitioner has obtained a loan through the power of attorney. The petitioner did not repay the loan amount and committed a default. Respondent No.3 raised a dispute - 6 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 before the Registrar under Section 70 of the Act of 1959. The Registrar has passed an award on 03.08.2018. After the award is passed by the Registrar, the petitioner approached the Civil Court in OS No.581 of 2018. The plaint was rejected by order dated 26.08.2019. The petitioner, aggrieved by the order of rejection of plaint, preferred an appeal in RA No.224 of 2019. The Appellate Court dismissed the appeal by judgment dated 23.08.2022. The petitioner filed this petition on 19.06.2025 suppressing regarding the passing of an award by the Registrar, filing of suit, rejection of plaint and dismissal of appeal. 7. As rightly pointed out by the learned counsel for respondent No.3, the petitioner has not approached this Court with clean hands. The petitioner, after exhausting all the remedies available to him, has filed this writ petition. The petitioner is guilty of misrepresentation and suppression of material facts. Hence, I do not find any ground to entertain the writ petition. - 7 - HC-KAR NC: 2026:KHC:6052 WP No. 17768 of 2025 8. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is dismissed with cost of ₹1,00,000/- payable by the petitioner to respondent No.3 within a 1 month from today; ii. If the petitioner fails to pay the cost, respondent No.3 is directed to recover the said amount by way of land revenue; iii. Pending IA(s) in this petition, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 20