- 1 - HC-KAR NC: 2025:KHC:23433 WP No. 30595 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30595 OF 2024 (GM-CON) BETWEEN: 1. MRS PHILOMENA RODRIGUES W/O LATE B E RODRIGUES AGED ABOUT 71 YEARS R/AT ROSILLA, NEXT TO TEJASWINI HOSPITAL KADRI POST, MANGALURU 575002 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 2. BLANY RODRIGUES S/O LATE B E RODRIGUES AGED ABOUT 41 YEARS R/AT ROSILLA KEREHITHLOO ESTATE GOWDAHALLI POST MUDIGERE TALUK CHIKMAGALUR DISTRICT 577132. …PETITIONERS (BY SRI. M NARAYANA BHAT., ADVOCATE) AND: 1. STATE BANK OF INDIA ACB MUDIGERE BRANCH REP BY ITS BRANCH MANAGER K M ROAD, MUDGIERE CHIKMAGALUR 577 132. 2. THE DISTRICT CONSUMERS DISPUTE REDRESSAL FORUM CHIKMAGALUR DISTRICT Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23433 WP No. 30595 of 2024 REP. BY ITS REGISTRAR CUM ADMINISTRATIVE OFFICER NEAR DISTRICT COURT COMPLEX CHIKMAGALUR-577 101. 3. MR. C L RODRIGUES S/O A L RODRIGUES AGED ABOUT 72 YEARS R/AT 601, DIVYA PALACE UPPER BENDUR MANGALURU-575 002. 4. SHRI. D VISHWESHWARA BHAT RETD. DISTRICT JUDGE AND ARBITRATOR A MAJOR, NO. 401 VARASHREE RESIDENCY, KADRI-KAMBALA ROAD MANGALURU-575 004. …RESPONDENTS (BY SMT. DIVYA PURANDAR., ADVOCATE FOR R1; SRI. M SUDHAKAR PAI, ADVOCATE FOR R3; R2 AND R4 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THEM THE FOLLOWING RELIEFS DIRECT HOLDING THAT THE ACTION OF THE R-2 IN CERTIFYING / AFFIXING ITS SEAL ON i) ALLEGED LEGAL OPINION DTD 17.09.2009 MARKED AS ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:23433 WP No. 30595 of 2024 ORAL ORDER Petitioners have filed the present writ petition seeking for issuance of writ in the nature of mandamus or any other appropriate direction holding that the action of respondent No. 2 in certifying / affixing its seal on (i) alleged legal opinion dated 17.09.2009 at Annexure-D (ii) alleged Partnership Deed dated 28.09.1986 at Annexure-D1 (iii) alleged Partnership Deed dated 01.04.1993 at Annexure-D2 and (iv) alleged Supplementary Deed dated 16.04.1999 at Annexure-D3, as being illegal and is opposed to Article 14, 21 and 300-A of the Constitution of India. Petitioner has also sought for issuance of writ of mandamus holding that respondent No. 2 could not have certified the photocopies or documents produced before it, which are neither registered nor authentic nor in existence. 2. It is the case put forth by the learned counsel for respondent No.3 that the order of the District Consumer Disputes Redressal Commission at Chikkmagaluru in Complaint No. 70/2020, filed by respondent No.3 against the Bank came to be dismissed with a direction to the Bank to furnish attested copies of Ex.R1, Ex.P5 to Ex.P7 to the complainant within 30 - 4 - HC-KAR NC: 2025:KHC:23433 WP No. 30595 of 2024 days from the date of the order of District Forum. It is the further submission that the documents were certified or attested and given by the District Forum itself. It is the case of the respondent that the issue of certified/attested copies by the District Forum was to be challenged before the State Forum and in light of the availability of power of legal redressal before the State Consumer Disputes Redressal Forum, the writ petition was not maintainable. 3. Taking note that there is an order of the District Consumer Disputes Redressal Commission and documents have been furnished pursuant to the order passed in Complaint No.70/2020, the question of entering into the validity of such direction does not arise. Insofar as the relief as against the respondent - Bank as regards certifying and affixing its seal on the documents listed at prayer (a) (i) to (iv), it must be noticed that the District Forum itself has certified and given the documents on the basis of the order of the District Forum. The contentions of the petitioners as regards permissibility of impugned action are kept open to be raised before appropriate - 5 - HC-KAR NC: 2025:KHC:23433 WP No. 30595 of 2024 legal forum. The interim order would be in force for a period of three weeks from the date of release of this order. 4. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP