- 1 - HC-KAR NC: 2025:KHC:22423 WP No. 18478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18478 OF 2025 (GM-CON) BETWEEN: 1. PARASHURAM WELFARE ASSOCATION (R) A ASSOCIATION REGISTERED UNDER THE CO-OPERTATIVE SOCIETY ACT, REGISTERED OFFICE AT PARASHURAMANAGARA, BHUGATHAHALLI GATE, VAJAMANGALA POST, MYSURU BANNUR ROAD, MYSURU - 570 028 REPRESENTED BY ITS SECRETARY SRI. NARAYANA HEGDE S/O. SRI. VENKATARAMANA. …PETITIONER (BY SRI. N NAGENDRA KUMAR., ADVOCATE) AND: 1. SRI VISHWANATHA RAJ URS S/O. SRI. BASAVARAJ URS, AGED ABOUT 80 YEARS, R/AT NO 503, 2ND CROSS, 4TH MAIN, E AND F BLOCK, RAMAKRISHNANAGARA MYSURU - 570 022. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE EXECUTION PETITION NO. 158/2024 FILED BY THE RESPONDENT ON THE FILE OF PENDING BEFORE THE DIST CONSUMER DISPUTE REDRESSAL COMMISSION AT MYSORE AS PER ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22423 WP No. 18478 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the validity of the proceedings in Ex.P.No.158/2024 and more particularly, as regards the order issuing Non-Bailable Warrant. 2. It is the case of the petitioner that even in terms of the order of the District Consumer Dispute Redressal Forum, the respondent was required to perform his part of obligation without which the question of calling upon the petitioner to complete compliance as ordered by the District Forum does not arise. 3. Various other contentions have been heard. After hearing the matter for sometime, while noticing the power under Section 17 of the Consumer Protection Act, 1986 (for short 'the Act') learned counsel for the petitioner seeks liberty to withdraw the petition reserving liberty to take appropriate proceedings under Section 17 of the Act as against the impugned order. - 3 - HC-KAR NC: 2025:KHC:22423 WP No. 18478 of 2025 4. Taking note that NBW is issued as against the petitioner and noticing the stand of the petitioner, it would be appropriate to dispose off the petition without entering into adjudication while reserving liberty to the petitioner to take appropriate proceedings in terms of the provisions of the Act as regards the impugned order. 5. In order to enable the petitioner to avail of the substantive remedy as provided for under the Act, the order dated 31.05.2025 is stayed for a period of two weeks from today. All contentions are kept open. 6. Accordingly, petition is disposed off. Issuance of notice to the respondent is waived as the petitioner is relegated to avail of substantive remedy. Sd/- (S SUNIL DUTT YADAV) JUDGE VP