THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE EX-PARTE ORDER PASSED BY THE SECOND RESPONDENT IN DISPUTE NO.92/2025-26, DATED 02/09/2025 PRODUCED AT ANNEXURE-A AND 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

The petitioners in the instant writ petition have challenged the recovery action initiated against them in pursuance of an award passed. The writ petition is filed with the following prayers and interim prayer:

"i. Issue a Writ or Certiorari to quash the ex-parte order passed by the Second Respondent in Dispute No.92/2025-26, dated 02/09/2025 produced at 'Annexure-A';

ii. Issue a Writ of Mandamus directing the First Respondent to accept the payments made by the Petitioner towards the loan account;

iii. Grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.

INTERIM PRAYER

Pending disposal of the present Writ Petition, the Petitioner most humbly prays that this Hon'ble Court may be pleased to stay all further proceedings pursuant to the ex-parte order passed by the Second Respondent in Dispute. No.92/2025-26, dated 02/09/2025, in the interest of Justice and Equity."

2. This Court on 27.01.2026 has passed the following order:

"Learned Government Advocate accepts notice for respondent No.2.

Issue notice to respondent No.1.

Heard the learned counsel for the petitioners on interim prayer.

The second respondent passed the exparte order. The first respondent is trying to execute the exparte order passed by the second respondent in Dispute No.92/2025-26 dated 02.09.2025 vide Annexure-A. It is contended that the petitioners are ready to clear the entire outstanding dues, if time is granted.

As the petitioners have stated in the writ petition, i.e., they are ready and willing to settle the entire outstanding dues payable to the respondent No.1 society, there shall be stay of Annexure-A, subject to the petitioners depositing Rs.2 lakhs within 15 days, failing which, the interim order granted earlier stands vacated automatically.

Re-list this petition on 16.02.2026."

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

4. For the aforementioned reason, the writ petition is hereby dismissed reserving the liberty to the petitioners to avail the alternative remedy, if so advised.

5. If the petitioners prefer an appeal, they will be entitled to the benefit of Section 14 of the Limitation Act, 1963.

6. The interim order passed by this Court on 27.01.2026 will continue for a further period of six weeks from today.

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