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2025 DAILYLAW 38463 (KAR)

THE LIQUIDATOR, v. SWATI D/O BALASAHEB PATIL

WP/106767/2025 · 2025-09-17

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12315 WP No. 106767 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106767 OF 2025 (GM-CON) BETWEEN: THE LIQUIDATOR, SHRI HANUMAN CREDIT SOUHARD SAHAKARI NIYAMIT, NIPPANI, SHRI. JAWHAR S/O. RAVINDRA MUGENNAVAR, AGE. 39 YEARS, HAVING OFFICE AT KARNATAKA STATE SOUHARD FEDERAL CO-OPERATIVE LIMITED, AUTO NAGAR, KANABARGI INDUSTRIAL AREA, BELAGAVI. …PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: SWATI D/O. BALASAHEB PATIL, AGE. 33 YEARS, OCC. NIL, R/O. KURAKALI, TQ. KAGAL, DIST. KHOLAPUR, STATE. MAHARASHTRA-416001. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A. ISSUE A WRIT OF CERTIORARI, THEREBY QUASHING THE IMPUGNED JUDGMENT DATED 16/08/2013 PASSED BY LEARNED DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI, IN CONSUMER COMPLAINT NO.31/2013 VIDE ANNEXURE-A; B. DECLARE THAT THE PROCEEDINGS INITIATED BY THE RESPONDENT IN CRIMINAL CONSUMER COMPLAINT NO.155/2014 PENDING ON Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12315 WP No. 106767 of 2025 THE FILE OF THE LEARNED DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VIDE ANNEXURE-B AS NOT MAINTAINABLE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondent is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a Writ of Certiorari, thereby quashing the impugned judgment dated 16/08/2013 passed by learned District Consumer Disputes Redressal Forum, Belagavi, in Consumer Complaint No.31/2013 vide Annexure-A; ii. Declare that the proceedings initiated by the Respondent in Criminal Consumer Complaint No.155/2014 pending on the file of the learned District Consumer Disputes Redressal Commission vide Annexure-B as not maintainable. iii. Pass any other order(s) as this Hon’ble Court may deems fit on the facts and circumstances of the case to meet the ends of justice. - 3 - HC-KAR NC: 2025:KHC-D:12315 WP No. 106767 of 2025 3. What is essentially challenged by the petitioner is the order dated 16.08.2013 passed by the District Consumer Disputes Redressal Forum, Belagavi on various grounds including on the ground that it did not have jurisdiction. Whatever the grounds may be, the writ petition is not maintainable since the petitioner has an alternative efficacious remedy by filing an appeal before the Karnataka State Consumer Disputes Redressal Commission. 4. Reserving such liberty, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 17