(This Writ appeal is filed u/S 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.19526/2009 (CS-DAS) dated 15.07.2009.)

Challenge in this appeal is to the order passed by the learned Single Judge rejecting the writ petition with costs. In the writ petition, the appellant had prayed for issuing a direction to the 1st respondent and compel him to recover the loan amount by attaching the salary of 2nd respondent, as per the attachment warrant issued by a Recovery Officer.

2. Briefly stated, the facts which have led to the filing of the writ petition are as follows:

The Appellant is a Co-operative society, registered under the Karnataka Co-operative Societies Act, 1959 (for short ‘the Act’). It had advanced loan to one Smt. Geetha. The 2nd respondent was one of the sureties to the said loan. To realize the loan amount, appellant filed a petition under S.70 of the Act against the loanee and the sureties.

An award was passed under S.71, which was put into execution by filing a recovery petition under S.101 of the Act, wherein, the executing authority issued a warrant of attachment of salary in exercise of the power under Rule 37(1)