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2026 DAILYLAW 9091 (KAR)

CASUBA INFRASTRUCTURE AND v. THE STATE OF KARNATAKA

WP/22390/2024 · 2026-04-28

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22390 OF 2024 (CS-RES) C/W WRIT PETITION NO. 22391 OF 2024 (CS-RES) WRIT PETITION NO. 22479 OF 2024 (CS-RES) IN WP No. 22390/2024 BETWEEN: CASUBA INFRASTRUCTURE AND DEVELOPMENT COMPANY A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT AND HAVING ITS OFFICE AT A/P, IST FLOOR, APARTMENT NO.210, CORPORATION NO.5/19, IST MAIN, VASANTH NAGAR, BANGALORE - 560 052 REPRESENTED BY ITS PARTNER, SRI ARJUN BALASUBRAMANYAM, REGISTERED UNDER INDIAN PARTNERSHIP ACT 1932 …PETITIONER (BY SRI. VENKATARAMANA K S.,ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S.BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY FOR CO-OPERATION. 2. DR. PRABHAKAR KORE CO OP CREDIT SOCIETY LTD ANKALI (MULTI STATE) ADMINISTRATIVE OFFICE AT ANKALI, CHIKODI TALUK, BELGAVI DISTRICT-591213 REP. BY ITS MANAGER REGISTERED UNDER SOCIETIES ACT 1912 3. DR PRABHAKARA KORE CO OP CREDIT SOCIETY LTD BRANCH OFFICE AT 12TH MAIN ROAD, 2ND BLOCK, RAJAJINAGAR, BANGALORE - 560 010 REP. BY ITS ASSISTANT MANAGER REGISTERED UNDER SOCITIES ACT 1912 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 SRI. S.K. SRINIVASAN, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 AND 3 TO CONSIDER THE LETTER DATED 29.12.2021 VIDE ANNEXURE-A SUBMITTED BY THE PETITIONER AND ETC. - 3 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 IN WP NO. 22391/2024 BETWEEN: SRI. NAGESH BALASUBRAMANYAM S/O K N BALASUBRAMANYAM, AGED ABOUT 43 YEARS, R/AT NO.45, 11TH MAIN ROAD, 13TH CROSS, MALLESHWARAM, BANGALORE - 560 003 ...PETITIONER (BY SRI. VENKATARAMANA K.S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S.BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY FOR CO OPERATION. 2. DR. PRABHAKAR KORE CO OP CREDIT SOCIETY LTD ANKALI (MULTI STATE) ADMINISTRATIVE OFFICE AT ANKALI, CHIKODI TALUK, BELAGAVI DISTRICT - 591 213 REPRESENTED BY ITS MANAGER REGISTERED UNDER SOCIEITES ACT, 1912 3. DR PRABHAKARA KOTE CO OP CREDIT SOCIETY LTD BRANCH OFFICE AT 12TH MAIN ROAD, 2ND BLOCK, RAJAJINAGAR, BANGALORE - 560 010 ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 SRI. S.K. SRINIVASAN, ADVOCATE FOR R2 AND R3) - 4 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R- 2 AND 3 TO CONSIDER THE LETTER DATED 29.12.2021 VIDE ANNEXURE-A AND B RESPECTIVELY SUBMITTED BY THE PETITIONER. IN WP NO. 22479/2024 BETWEEN: M/S SUBRAMANYA CONSTRUCTIONS AND DEVELOPMENT COMPANY LIMITED A REGISTERED COMPANY UNDER THE PROVISIONS OF COMPANYS ACT HAVING ITS REGISTERED OFFICE AT NO.42, 3RD CROSS, INDUSTRIAL SUBURB, 2ND STAGE, YESHWANATHAPUR BANGALORE - 560 002 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI. K N BALASUBRAMNYAM REGISTERED UNDER COMPANY ACT 195 ...PETITIONER (BY SRI. VENKATARAMANA K.S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S. BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY FOR CO-OPERATION 2. DR. PRABHAKAR KORE CO -OP CREDIT SOCIETY LTD., ANKALI (MULTI STATE) ADMINISTRATIVE OFFICE AT ANKALI CHIKODI TALUK BELAGAVI DIST - 591 213 REP BY ITS MANAGER - 5 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 REGISTERED UNDER SOCIETIES ACT 1912 3. DR. PRABHAKAR KORE CO OP CREDIT SOCIETY LTD., BRANCH OFFICE AT 12TH MAIN ROAD, 2ND BLOCK, RAJAJINAGAR BANGALORE - 560 010 REP. BY ITS ASSISTANT MANAGER REGISTERED UNDER SOCITIES ACT 1912 ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 SRI. S.K. SRINIVASAN, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE R2 AND R3 TO CONSIDER THE LETTER DTD. 29/12/2021 AND 03/06/2023 VIDE ANNX-A AND B RESPECTIVELY SUBMITTED BY THE PETITIONERS. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In these petitions, petitioners are seeking directions to respondents No.2 and 3 to consider the letter(s) dated 29.12.2021 (Annexure-A) and 03.06.2023 - 6 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 (Annexure-B in WP 22479/2024), interalia, challenged the notice dated 07.08.2024 issued by respondent No.2. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, and preliminary objections raised by the learned Additional Government Advocate, I am of the view that petitions are not maintainable and the petitioners have to approach the Competent Authority under the Provisions of the Multi- State Co-operative Societies Act, 2002, (for short 'MSCS Act'). 4. Reserving liberty to the petitioners to approach the Competent Authority, I am of the considered opinion that no interference is called for in these petitions. 5. All contentions of the parties are kept open. 6. In view of reserving liberty to the petitioners to approach Competent Authority, the interim order granted by this Court shall enure to the benefit of the petitioners, - 7 - HC-KAR NC: 2026:KHC:23851 WP No. 22390 of 2024 C/W WP No. 22391 of 2024 WP No. 22479 of 2024 till 07.06.2026, to enable the petitioners to approach competent authority. Accordingly, these petitions stand disposed of. SD/- (E.S.INDIRESH) JUDGE HR List No.: 2 Sl No.: 30