Gavashri Co-Operative Society v. The Dcc Bank Ltd

NC:(2026:KHC-D:671-DB( WA(No.(100570(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD( ST DATED(THIS(THE(21 (DAY(OF(JANUARY,(2026( PRESENT( THE(HON'BLE(MR.(JUSTICE(M.I.ARUN( (AND(( (THE(HON'BLE(MR.(JUSTICE(B.(MURALIDHARA(PAI(

WRIT(APPEAL(NO.(100570(OF(2025((CS-RES)(

BETWEEN:(( (

1., GAVISHRI,CO-OPERATIVE,SOCIETY,, REP.,BY,ITS,PRESIDENT,, SRI.,S.R.,NAVALI,HIREMATH,, KUDALASANGAM,,TQ.,HUNAGUND,,

DIST.,BAGALAKOT,,PIN-587,157., ,

2., SHIVAPPA,MATUR,, MANAGER,, GAVISHRI,CO-OPERATIVE,SOCIETY,,

KUDALASANGAM,,TQ.,HUNAGUND,, DIST.,BAGALAKOT,,PIN-587,157., …,APPELLANTS, (BY,SRI.,ABINANDAN,V.,HIREMATH,,ADVOCATE), ,

AND:( ( Digital y signedtiby0V0N 1., THE,DCC,BANK,LTD.,, BADIGER Location: HIGH0COURT V0N OF DIST.,BAGALKOTE., KARNATAKA BADIGER DHARWAD BENCH Date: , 2026.01.28 +0530 2., THE,JOINT,REGISTRAR,OF,COOPERATIVE,SOCIETIES,, DIST.,BELAGAVI., …,RESPONDENTS, (BY,SRI.,JAYAKUMAR,S.,PATIL,,SR.,COUNSEL,FOR, ,,,,,,SRI.,I.S.,UPPIN,,ADVOCATE,FOR,C/R1;, ,,,,,,SRI.,SHARAD,V.,MAGADUM,,AGA,FOR,R2), , , THIS,WRIT,APPEAL,IS,FILED,UNDER,SECTION,4,OF,KARNATAKA, HIGH, COURT, ACT,, 1961,, PRAYING, TO, SET, ASIDE, THE, IMPUGNED, ORDER, DATED, 08/09/2025, MADE, IN, W.P., NO.105663/2025, AND, FURTHER,ALLOW,THE,WRIT,PETITION,AND,ETC., ,

THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE M.I. ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

¶1Aggrieved by the order passed in W.P. No.105663/2025, the petitioners therein have preferred the present writ appeal. The impugned order reads as under: "1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to implement the order bearing Kra.J.R.L/B/DAP/01/2024-25 dated 09.06.2025 passed by the joint registrar of cooperative societies by granting membership and issuing share certificate to the petitioner with effect from

25.10.2023, vide Annexure C. ii. Pass such other or further orders as this Hon'ble Court deems fit to grant in the interest of justice and equity.

¶2Learned counsel for respondent No.1 has filed a memo stating that, in terms of resolution No.9

dated 04.07.2025, a certificate of membership has been issued to the petitioners, as evidenced by Annexures R1 and R2 appended to the said memo.

¶3Accepting the said memo, the writ petition stands dismissed as having become infructuous, with liberty reserved to the petitioners to challenge the membership certificate and the conditions attached thereto, if they are so advised."

¶2Appellant No.1 is a Co-operative Society. Respondent No.1 is a Federal Society to which appellant No.1 applied for membership. Appellant No.1 has been admitted to the membership of the first respondent–Federal Society. However, the dispute pertains only to the date on which appellant No.1 has been admitted as a member.

¶3The said dispute was adjudicated by respondent No.2, who by an order dated 09.06.2025, has passed the following order: DzÉñÀ "F ªÉÄÃ¯É «ªÀj¹zÀ PÁgÀtUÀ½AzÀ ªÉÄîä£À«zÁgÀgÀÄ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À PÁAiÉÄÝ 1959 gÀ PÀ®A 105-J gÀr zÁR°¹zÀ ªÉÄîä£À«AiÀÄ£ÀÄß ¥ÀÅgÀ¸ÀÌj¸À¯ÁVzÉ. JzÀÄgÀÄzÁgÀ `¨ÁåAPÀ ªÉÄîä£À«zÁgÀ ¸ÀAWÀPÉÌ CªÀgÀÄ ¸À°è¹zÀ Cfð ¢£ÁAPÀ¢AzÀ C£ÀéAiÀĪÁUÀĪÀAvÉ ¸ÀzÀ¸ÀåvÀé

¤Ãr ¤AiÀĪÀiÁ£ÀĸÁgÀ µÉÃgÀÄ §AqÀªÁ¼À ºÁUÀÆ EvÀgÀ ±ÀÄ®Ì ¨sÀgÀuÁ ªÀiÁrPÉÆAqÀÄ µÉÃgÀÄ ¥ÀæªÀiÁt ¥ÀvÀæ ¤ÃqÀ®Ä DzÉò¹zÉ.

F DzÉñÀªÀ£ÀÄß EAzÀÄ ¢£ÁAPÀ: 09/06/2025 gÀAzÀÄ vÉgÉzÀ £ÁåAiÀiÁ®AiÀÄzÀ° è WÉÆö¸À¯ÁVzÉ."

¶4By virtue of the aforesaid order passed by respondent No.2, the appellant became a member of the first respondent–Federal Society with effect from 25.10.2023, the date on which its application was received by Respondent No.1. Aggrieved by the said order, respondent No.1 has preferred an appeal before the Additional Registrar of Co-operative Societies, which is stated to be pending consideration.

¶5In the meanwhile, the first respondent has issued a share certificate in favour of the appellant No.1 - Co-Operative Society, indicating that the appellant became its member with effect from 23.07.2025. In the light of the issuance of the said share certificate, the learned Single Judge has passed the order which is impugned in the present appeal.

¶6The case of the appellant is that the dispute does not pertain to its membership but only to the date from which it has become a member of the first respondent-Federal Society. It is contended that the impugned order of the learned Single Judge does not clarify the said aspect. Hence, the present writ appeal.

¶7It is the contention of the appellant that it has become a member of the first respondent - Federal Society with effect from 25.10.2023, whereas the first respondent claims that the appellant has become a member only with effect from 23.07.2025.

¶8Respondent No.2, while adjudicating the dispute, has held that the appellant became a member of the first respondent-Federal Society with effect from 25.10.2023. The said order would prevail over the decision reflected in the share certificate issued by the first respondent, wherein the date of membership is shown as 23.07.2025. However, the first respondent has liberty to challenge the order

passed by respondent No.2 and has, in fact, challenged the same before the Additional Registrar of Co-operative Societies. It is for the jurisdictional Additional Registrar to decide the issue.

¶9Till any order is passed by the Additional Registrar of Co-operative Societies, the order passed by respondent No.2 shall prevail. Accordingly, the order passed by the learned Single Judge stands modified in terms of the observations made hereinabove and the writ appeal is disposed of.

¶10In view of the disposal of the writ appeal, pending interlocutory applications, if any, do not survive for consideration and the same stand disposed of accordingly.

Sd/- (M.I.ARUN) JUDGE

Sd/- (B. MURALIDHARA PAI) JUDGE VB/CT:BCK/LIST NO.: 1 SL NO.: 19