Dismissed

Aslam Pasha v. the Town Co. Operative Bank Ltd.

Karnataka HC11 Jun 2026WP/35142/2024

Case brief

AI extract

What is this about?

Writ petition seeking stay of public auction of petitioner's properties pursuant to a co-operative recovery award. Court held an efficacious alternative remedy existed under Sections 105 and 106 of the Karnataka Co-operative Societies Act, dismissed the petition with liberty to appeal, granted Section 14 Limitation benefit, and restrained precipitate action for four weeks.

What did the court decide?

Petition dismissed; liberty to appeal; Section 14 Limitation Act benefit; four-week restraint against precipitate action.

Aslam Pasha Vs the Town Co. Operative Bank Ltd. — Cooperative Societies | Karnataka HC (2026)

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NC: 2026:KHC:28258 WP No. 35142 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^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. 35142 OF 2024 (CS-RES)

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BETWEEN:

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ASLAM PASHA S/O SYED PASHA SAAB AGED ABOUT 48 YEARS R/AT NO.20/25, 2^ND CROSS HOSKOTE BENGALURU RURAL DISTRICT BENGALURU. …PETITIONER (BY SRI. ABDUL MAJID, ADVOCATE [ABSENT]) AND: Digitally 1. THE TOWN CO-OPERATIVE BANK LTD. signed by V MANJUSHA REP. BY ITS AUTHORISED OFFICER BAI THE MANAGER. Location: HIGH 2. THE JOINT REGISTRAR OF COURT OF KARNATAKA CO-OPERATIVE SOCIETIES KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION LTD. K.H.ROAD, BANGALORE. …RESPONDENTS (BY SRI. T.DADAKHALANDAR, ADVOCATE FOR R1; SMT. SPOORTHI V., HCGP FOR R2)

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NC: 2026:KHC:28258 WP No. 35142 of 2024

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HC-KAR

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT TO RESPONDENT NO.1 TO IMMEDIATELY TO STAY RESTRAINING RESPONDENT NO.2 FROM PROCEEDING WITH THE SCHEDULED PUBLIC AUCTION OF THE PETITIONER'S PROPERTIES ON 23.12.2024 AND ANY SUBSEQUENT STEPS ARISING FROM THE IMPUGNED AUCTION NOTICE UNDER RULE 38 (2) (d) DISPUTE NO. JRD/UBF/1392/2010-11 AWARD ARCS (R441) AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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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ORAL ORDER

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1. Proceedings have been initiated for recovery of loan amount from the petitioner by respondent no.1-Society. Aggrieved by the same, the instant writ petition is filed with the following prayers:

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"a) Issue a Writ of Mandamus or any other appropriate Writ to Respondent No. 1 to immediately to stay restraining the Respondent No. 2 from proceeding with the scheduled public auction of the Petitioner's properties on December 23, 2024, and any subsequent steps arising from the impugned auction

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NC: 2026:KHC:28258 WP No. 35142 of 2024

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HC-KAR

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notice under rule 38 (2) (d), Dispute No. JRD/UBF/1392/2010-11, Award ARCS [R441]).

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b) Set asaid the auction Notice proceeding dated vide notice in Dispute No. JRD/UBF/1392/2010-11, Award ARCS [R441] passed by the Hon'ble Tribunal Karnataka State Co-operative Urban Banks Federation Ltd. In case No. CEP No.230/2012-13. And Notice to the borrower Under rule 38(2)(d). on dated 15/11/2024

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c) Direct the Respondent No. 1 to conduct a thorough and impartial review of the loan account, taking into account all payments made by the Petitioner's father towards the loan obligation. The Respondent No.1 shall then recalculate the outstanding dues accurately and provide a detailed statement of account to the Petitioner.

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d) Grant any other relief that this Hon'ble Court may deem fit and proper in the interest of justice and equity."

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2. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.

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3. For the aforementioned reasons, the writ petition is dismissed reserving the liberty to the petitioner to approach

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4 - NC: 2026:KHC:28258 WP No. 35142 of 2024

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HC-KAR

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the appellate authority in the manner known to law. In such an event, the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

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4. The appellate authority shall decide the case without being influenced by any of the observations made hereinabove.

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5. The respondents shall not precipitate the matter against

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the petitioner for a period of four weeks from today.

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Sd/(M.I.ARUN) JUDGE

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PGG

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List No.: 1 Sl No.: 45

Aslam Pasha v. the Town Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Aslam Pasha v. the Town Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

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