Smt Sujatha C v. The Registrar

((((((((((((HC-KAR, NC:(2026:KHC:42222( WP(No.(13390(of(2024( ( ,,,,,,,,,, , CNR:(KAHC010277152024( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(10 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(M.I.ARUN(

WRIT(PETITION(NO.13390(OF(2024((CS-RES)(

( BETWEEN:(( (

1., SMT.,SUJATHA,C, D/O,LATE,CHIKKAMUNISWAMAPPA, W/O.,LATE,MURALI,M,

AGED,ABOUT,50,YEARS,, RESIDING,AT,NO.07,,, KODIHALLI,VILLAGE,,

JADIGENAHALLI,HOBLI,, HOSAKOTE,TALUK,, BENGALURU,RURAL,DISTRICT-560067., , …PETITIONER, , (BY,SRI.,KIRAN,B.,,ADVOCATE), Digitally signedtiby ( GEETHA0P0G AND:( (Location:

HIGH 1., THE,REGISTRAR, COURT0OF OF,CO-OPERATIVE,SOCIETY, KARNATAKA HAVING,OFFICE,AT,NO.1,, ALI,ASKAR,ROAD,,, BENGALURU-560052., ,

2., THE,SWAYAM,KRUSHI,SOUHARDHA,, CREDIT,CO-OPERATIVE,SOCIETY,LTD.,, REGISTERED,UNDER,THE,KARNATAKA, CO-OPERATIVE,SOCIETY,ACT-1959, HAVING,OFFICE,AT,KARNATAKA,STATE,, SOUHARDHA,SAMYUKTHA,SAHAKARI,NIYAMITHA, ((((((((((((HC-KAR, NC:(2026:KHC:42222( WP(No.(13390(of(2024( ( ,,,,,,,,,, , CNR:(KAHC010277152024( ( ( NIRMAN,BHAVANA,,, DR.,RAJKUMAR,ROAD,,, ST1 ,BLOCK,,RAJAJINAGAR,,, BENGALURU-560010, REPRESENTED,BY,IT'S,THE,LIQUIDATOR., ,

3., THE,RECOVERY,OFFICER, (RULE-441),MEDIATION,COURT, OF,KARNATAKA,SOUHARDA,, SAMYUKTHA,SAHAKARI,NIYAMITHA,, HAVING,OFFICE,AT,NO.69,, 17,AND,18,MIDDLE,CROSS,,, MARGOSA,ROAD,,MALLESHWARAM,, BENGALURU-560055., , , …RESPONDENTS, (BY,SMT.,SPOORTHI,V.,,HCGP.,FOR,R.1;, R.2,AND,R.3:,SERVED,AND,UNREPRESENTED.), , , THIS,PETITION,IS,FILED,UNDER,ARTICLES,226,&,227,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, QUASH, THE, DIRECTION, ORDER, DATED, 06.04.2024, VIDE, ORDER, NO.RSR/SAUKA/156/2012-13,,PASSED,ON,20.07.2013,BY,THE, RESPONDENT, NO.1, HEREIN,, BY, APPOINTING, THE, RESPONDENT, NO.3, FOR, TRANSFERRING, THE, SCHEDULE, PROPERTIES, IN, THE, NAME, OF, THE, RESPONDENT, NO.2, ANNEXURE-A,,ETC.,, , THIS,PETITION,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THROUGH, PHYSICAL, HEARING/VIDEO, CONFERENCING,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:,

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

ORAL ORDER

¶1The property of the petitioner has been attached in proceedings instituted in respect of the affairs of respondent no.2-Society. It is attached on the premise that the petitioner has been a member as well as a Director of respondent No.2-Society.

¶2The case of the petitioner is that she is neither a member nor a Director of respondent No.2-Society and the property could not have been attached.

¶3This Court, on 04.04.2025, had passed the following interim order: "ORAL ORDER

¶1Learned Additional Government Advocate is directed to accept notice for respondent No.1.

¶2Issue emergent notice to respondent Nos.2 and 3, returnable by 05.06.2025.

¶3The submission of learned counsel for the petitioner is that, petitioner is not a member nor is an office bearer of respondent No.2.

¶4The petitioner has not borrowed any amount from respondent No.2 nor he has acted as a guarantor to any loan borrowed from respondent No.2.

¶5In that view of the matter, the order dated 06.04.2024 at Annexure-A is stayed, till the next date of hearing insofar as the petitioner's schedule property is concerned.

¶3Process fee is directed to be paid on or before

17.04.2025, failing which, the interim order will stand automatically vacated."

¶4Learned counsel for the petitioner submits that the proceedings relating to the affairs of the Society are pending before respondent no.1, and that the order under challenge has been passed in relation to the said pending proceedings.

¶5Learned AGA for respondent No.1, upon instructions, submits that the petitioner may be directed to make an application before respondent no.1-Authority stating the same facts and it would be examined in accordance with law and appropriate orders will be passed.

¶6Learned counsel for the petitioner is agreeable for the same.

¶7For the aforementioned reasons, the writ petition is hereby disposed of with liberty to the petitioner to make a necessary application before respondent no.1 in the proceedings, which is said to be pending in respect of respondent no.2-Society and if the petitioner is able to establish that she is neither a member nor a Director of respondent no.2-Society and was in no way involved in malfeasance and misfeasance of the affairs of respondent no.2-Society and that she is the owner of the property concerned, respondent no.1-Authority shall release the same from attachment by passing appropriate orders in accordance with law.

¶8Till an appropriate decision is taken by respondent no.1, the interim order dated 04.04.2025 passed by this Court shall continue to operate.

SD/- (M.I.ARUN) JUDGE

hkh. List No.: 1 Sl No.: 39