Dismissed¶¶41

M/S Chowdeshwari Industries v. the Principal Secretary

Karnataka HC16 Jun 2026WP/14992/2026

Case brief

AI extract

What is this about?

Alternative and efficacious remedy; Sections 105 and 106 Karnataka Co-operative Societies Act 1959; writ petition dismissed on availability of appellate route; recovery proceedings and sale notice under Rule 8(2)(b) KCS Rules by co-operative bank recovery officer; conditional interim stay deposit Rs.10,00,000; Section 14 Limitation Act 1963 time-benefit for appeal filed after dismissal; Tumkur DCC Bank; Articles 226 & 227.

What did the court decide?

Writ petition dismissed with liberty reserved to the petitioner to approach the appellate authority under Sections 105/106 of the Karnataka Co-operative Societies Act, 1959; if an appeal is preferred, the petitioner is entitled to the benefit of Section 14 of the Limitation Act, 1963. ¶¶41

M/S Chowdeshwari Industries Vs the Principal… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:29227 WP No. 14992 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.14992 OF 2026 (CS-RES)

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BETWEEN:

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M/S. CHOWDESHWARI INDUSTRIES BY ITS PROPRIETOR SMT. RAJALAKSHMI W/O C. GANGARAJU AGED ABOUT 56 YEARS BIDARUKATTE MASKAL VILLAGE PANCHAYATH GOOLURU HOBLI, TUMKUR TALUK DISTRICT - 572 106.

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…PETITIONER

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Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA

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(BY SRI. HANUMANTHAPPA HARAVI GOWDAR, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA VIKASA SOUDHA BENGALURU-560 001.

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THE CHIEF EXECUTIVE OFFICER TUMKUR DCC BANK LTD. S.S. PURAM BRANCH TUMKUR - 572 101.

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NC: 2026:KHC:29227 WP No. 14992 of 2026

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HC-KAR

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, UNDER RULE 441 TUMKUR RECOVERY OFFICER TUMKUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD. TUMKUR - 572 101.

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…RESPONDENTS

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(BY SMT. SPOORTHI V., HCGP., FOR R.1 & R.3; SRI. M.S. RUDRAIAH, ADVOCATE FOR R.2.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OF SALE NOTICE DATED 08.04.2026 FORM NO.9 ISSUED UNDER RULE 8 (2)(b) OF KARNATAKA CO-OPERATIVE SOCIETIES RULES BEARING CEP NO.01/2025-26 DATED 30.06.2025 IN AWARD JRB/DIS/01/2024-25 VIDE ANNEXURE-A ISSUED BY RESPONDENT NO.3, ETC.

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THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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NC: 2026:KHC:29227 WP No. 14992 of 2026

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HC-KAR

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ORAL ORDER

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The petitioner in the instant writ petition has challenged

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the recovery proceedings initiated against it for default of a loan borrowed from respondent No.2-Bank.

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The petitioner is having an alternative and efficacious

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remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.

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On 14.05.2026, this Court passed the following order:-

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"Learned AGA is directed to accept notice for respondent No.1.

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Issue emergent notice to respondent Nos.2 and 3 returnable by 16.06.2026.

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Meanwhile, there shall be an interim order of stay, as prayed for in the petition, till the next date of hearing, subject to the petitioner depositing Rs.10,00,000/- before this Court on or before 15.06.2026.

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Liberty is reserved to the respondents to seek vacation/modification of the interim order."

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It is submitted that the petitioner has paid only a sum of Rs.1,00,000/- so far and not paid the balance amount.

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NC: 2026:KHC:29227 WP No. 14992 of 2026

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HC-KAR

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As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving liberty to the petitioner to approach the appellate authority in the manner known to law. If the petitioner prefers an appeal, it shall be entitled to the benefit of Section 14 of the Limitation

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Act, 1963.

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Sd/(M.I.ARUN) JUDGE

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VMB

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List No.: 1 Sl No.: 17

M/S Chowdeshwari Industries v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

M/S Chowdeshwari Industries v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

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