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2026 Supreme(Online)(Kar) 41439

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


Reserved on : 28.07.2026 & 13.07.2026

Pronounced on : 11.08.2026


REVIEW PETITION NO. 226 OF 2026

C/W REVIEW PETITION NO. 227 OF 2026



IN RP No. 226/2026


BETWEEN:


VEERABHADRAPPA, S/O UMESHAPPA K.,


AGED ABOUT 52 YEARS, EX-CHAIRMAN,


AHANA SOUHARDA CREDIT CO-OPERATIVE LTD.,


AS PER ADHAR CARD ADDRESS RESIDING AT NEAR JNANADEEPA SCHOOL,


CHITIWADAGI, HOSPET - 583 201.


DISTRICT : VIJAYANAGAR.


REKHA R …PETITIONER


(BY SRI. S.V. DESAI., ADVOCATE)


AND:


1. THE ASSISTANT COMMISSIONER AND SPECIAL OFFICER OF IMA,


THE COMPETENT AUTHORITY, FOR AHANA SOUHARDHA CREDIT


CO-OPERATIVE SOCIETY LTD, HOSPETE, VIJAYANAGARA DISTRICT,


3RD FLOOR, MINI V.V. TOWER, PODIUM BLOCK, DR.AMBEDKAR VEEDHI,


BENGALURU - 560 001.


2. SMT. CHAIRTRA, W/O. RAMACHANDRA,


AGED ABOUT 45 YEARS, C/O. MARIGAPPA,


OPP- GOVT. SCHOOL BASAVANA SADANA, M.P.PRAKASH NAGAR,


HOSPET - 583 201.


3. AHANA SOUHARDA CREDIT CREDIT CO-OPERATIVE LTD.,


H.NO.483, ANNAAPURNA NILAYA, 100 BED HOSPITAL ROAD,


CV HERO HONDA SHOW ROOM, HOSPET - 583 201.


REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.


…RESPONDENTS


THIS REVIEW PETITION IS FILED UNDER SECTION.114 R/W ORDER 47 RULE 1 & 2 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED:13.03.2026 (ANNEXURE-A) PASSED IN WP NO.17419/2025 PASSED BY THE HON'BLE COURT BY REVIEWING THE SAID ORDER AND REMAND THE MATTER TO THE SINGLE JUDGE.



IN RP NO. 227/2026


BETWEEN:


VEERABHADRAPPA, S/O. UMESHAPPA K.


AGED ABOUT - 52 YEARS EX-CHAIRMAN, AHANA SOUHARDA


CREDIT CO-OPERATIVE LTD., AS PER ADHAR CARD ADDRESS


RESIDING AT NEAR JNANADEEPA SCHOOL, CHITIWADAGI, HOSPET-583201


DIST. VIJAYANAGAR …PETITIONER


(BY SRI. S.V. DESAI, ADVOCATE)


AND:


1. THE ASST. COMMISSIONER AND SPECIAL OFFICER OF IMA


THE COMPETENT AUTHORITY FOR AHANA SOUHARDHA CREDIT


CO-OPERATIVE SOCIETY LTD, HOSPETE, VIJAYANAGARA DISTRICT,


3RD FLOOR, MINI V.V. TOWER, PODIUM BLOCK,


DR. AMBEDKAR VEEDHI, BENGALURU - 560 001


2. RAMACHANDRA .K.


S/O. PARAMESHWARAPPA .K.


AGED ABOUT 55 YEARS, C/O. MARIGAPPA,


OPP - GOVT. SCHOOL BASAVANA SADANA,


M. P. PRAKASH NAGAR, HOSPET - 583 201


3. AHANA SOUHARDA CREDIT CREDIT CO-OPERATIVE LTD.,


H.NO.483, ANNAAPURNA NILAYA, 100 BED HOSPITAL ROAD,


CV HERO HONDA SHOW ROOM, HOSPET - 583 201.


REPRESENTED BY ITS CEO


…RESPONDENTS


THIS REVIEW PETITION IS FILED UNDER SECTION.114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED 13.03.2026 (ANNEXURE M) PASSED IN WP NO.17523/2025 PASSED BY THIS HONBLE COURT AND REMAND THE MATTER TO THE SINGLE JUDGE.


PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF


DATED THIS THE 11TH DAY OF AUGUST, 2026

THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT IS DELIVERED/ PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

1. These two review petitions filed by the petitioners in W.P.No.17419/2025 and W.P.No.17523/2025, which were disposed of by a common order dated 13.03.2026 passed by this Court along with other connected matters. None other than these two petitioners in petition and accepted the order.

2. By the order sought this review, this Court taking into consideration of the judgment in W.P.No.8338/2023 dated 05.11.2025, dismissed the writ petition holding that there is no conflict or that consumers are barred from approaching the forums available under the Consumer Protection Act, 1996 in respect of non-payment of their dues by the Co-operative Societies.

3. Heard Sri.S.V.Desai, learned counsel for review petitioners in both the review petitions.

4. The review petitioners filed these review petitions taking the following grounds:

i) The impugned order Dt.13-03-2026 passed in W.P.No.17419 /2025 (Annexure -'A') passed by this Hon'ble Court is illegal, arbitrary, contrary to Section 42 of Karnatka Souharda Sahakari Act, 1997, the Precedent laid down by the Apex Court, contrary to law, not a speaking order, abusive, unsustainable and liable to be quashed.

ii) This Hon'ble Court Relied the earlier order Dt.05-11- 2025 passed in W.P.No.8338/2023, though it was different and distinct case and not applies to the Present case on hand. Hence there is a Prima facie error apparent on the face of the record.

iii) On 13-03-2026 the Main connected case W.P.No. 26104/2023 & other cases C/w W.P.Nos..17523/2025 17419/2025 &17778/2025 the present petitioner's counsel specifically submitted by seeking De-link OR Detach the above cases from main matter W.P.No.26104/2023. But, this Hon'ble court simply brushed aside the said submission and snubbed the advocate. Therefore the court committed a grave error in Depriving the right of the advocate in addressing the argument.

iv) That in the impugned Oral order at internal Page No.35 described and referred Only one case i.e, CC.No.39/2016 and Appeal No.166/2018 only which are not pertaining to the present petitioner. Hence it suffices that this Hon'ble court not heard the case of other Petitioners and failed to examine to find out the facts of each petitioner which are connected matters. Hence the entire order reflects Only One Case of Dist. Consumer CC No.39/2016 order Dt.01-07-2016 and State Consumer Disputes Redressal Commission Disputes Redressal Commission in Appeal No.166/2018 order Dt.11-09-2019. The said case pertaining to W.P.No.26104 / 2022. Hence it suffices that the court order in respect only One Writ Petition. Therefore the court committed an error for not hearing, failed to examine the facts and the averments of the Writ Petition and failed to consider the Documents produced therein in respect of the Petitioner's case W.P.Nos..17523 2025,17419/2025 &17778/2025 ., and also other connected matters. Therefore the impugned order is unsustainable.

v) That W.P.No.17523/2025 On 27-06-2025 the petitioner has filed an I.A.No.1/2025 to implead the Official Liquidator who has been appointed by the Joint Director of Co-Operative Societys, Kalburgi Division has passed an order Dt.13-02-2025 Under Section - 48 of Karnataka Souharda Sahakari Act, 1977 for Winding up of the Ahaana Souharda Credit Co-Operative Ltd. The said order has been produced and marked as Annexure- L and also in the present petition submitted. Therefore the Liquidator is whole and sole to manage the affairs of the said Society. That as per Section - 42 of Karnataka Souharda Sahakari Act, 1977 : Bar of Jurisdiction of Courts. Hence the Dist. Consumer Disputes Redressal Commission has no jurisdiction to Enforce the Order Dt.27-07-2023 Passed in CC.No.14

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