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2026 DAILYLAW 5328 (KAR)

SRI SUDHA CO OPERATIVE BANK LTD v. SMT B SAVITHRI

WP/13553/2026 · 2026-04-30

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24404 WP No. 13553 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13553 OF 2026 (CS-RES) BETWEEN: 1. SRI SUDHA CO-OPERATIVE BANK LTD. REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1959 NO.195/33, 'SRI SUDHA RAJATHA BHAVANA' NEAR SOUTH END CIRCLE, R.V. ROAD, JAYANAGAR, BENGALURU - 560011 REPRESENTED BY ITS GENERAL MANAGER. 2. THE PRESIDENT, NO.195/33, 'SRI SUDHA RAJATHA BHAVANA', NEAR SOUTH END CIRCLE, R.V. ROAD, JAYANAGAR, BENGALURU - 560011. …PETITIONERS (BY SRI. K.V. NITISH, ADVOCATE) AND: 1. SMT. B. SAVITHRI W/O S. SHIVAPPA, AGED ABOUT 62 YEARS, R/AT NO.378, 2ND MAIN ROAD, VYALIKAVAL LAYOUT, MARENAHALLI, VIJAYANAGAR, BENGALURU 560040. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24404 WP No. 13553 of 2026 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (U/R 441), ARBITRATION COURT, KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION, NO.132, 2ND FLOOR, K.H. ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12/01/2026 AT ANNEXURE-G PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL IN COP.APPEAL NO.307/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.2. Notice to respondent No.1 is dispensed with. 2. The Petitioner has challenged the order dated 12.01.2026 to (Annexure- G) passed, in Appeal No.307/ 2024 passed by the Karnataka Appellate Tribunal. - 3 - HC-KAR NC: 2026:KHC:24404 WP No. 13553 of 2026 3. Sri. K N Nithish, learned counsel appearing for the petitioner, invited the attention of the Court to the finding recorded by the Karnataka Appellate Tribunal and contented that on the earlier two occasions, the matter was dismissed for non-prosecution and the order of recalling was made. Therefore, he submitted that the proceedings are being prolonged and as such, sought for interference of this Court. 4. Per contra, learned Additional Government Advocate appearing for the respondent submitted that there is no infirmity in the order impugned. 5. In the light of the submission made by the counsel appearing for the parties and taking into account the reasons assigned by the Karnataka Appellate Tribunal in Appeal No. 307/2024 dated 12.01.2026, where the Karnataka Appellate Tribunal has allowed the appeal and as such, set aside the order dated 23.07.2024, and restored the dispute in its original file. In that view of the matter, I am of the view that this Court cannot interfere with the writ petition. Accordingly, the petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:24404 WP No. 13553 of 2026 6. It is also made clear that in view of the submission made by the learned counsel appearing for the petitioner as to be delay in proceedings before respondent No.2 Authority and therefore, respondent No.2 is directed to complete the entire proceedings within a span of six months from the date of receipt of a copy of this order. SD/- (E.S.INDIRESH) JUDGE SSD List No.: 1 Sl No.: 8