Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 40539 (KAR)

MRS G S VINITHA GOEL v. M/S INDO GREEN RESORTS PVT LTD

WP/16529/2025 · 2025-08-23

Jayant Banerji, Umesh M Adiga

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33090-DB WP No. 16529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 16529 OF 2025 (GM-CON) BETWEEN: MRS. G.S VINITHA GOEL, W/O. LATE GOVIND GOEL, AGED ABOUT 68 YEARS, R/AT. NO. 22 AND 23, SEETHALAKSHMI COMPLEX, 3RD CROSS, JOURNALIST COLONY, BANGALORE-560 002. …PETITIONER (BY SRI. SYED OWAIS KHADRI, ADVOCATE FOR SRI. SAKET BISANI, ADVOCATE) AND: 1. M/S INDO GREEN RESORTS PVT. LTD., NO. S-1, 2ND FLOOR, KRISHNA TOWERS, YATRINIVAS, BANGALORE-560 009. REP. BY MANAGING DIRECTOR CIN: U24222KA1995PTC019504 EMAIL ADA97@YAGOO.CO.IN. 2. DASHRATH LAL DALMIA, DIRECTOR, M/S. INDO GREEN RESORTS P L., NO. 777, DALMIA BHAVAN, T. DASARAHALLI, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33090-DB WP No. 16529 of 2025 BANGALORE-560 057. 3. PAWAN KUMAR DALMIA DIRECTOR, M/S. INDO GREEN RESORTS P L, NO. 777, DALMIA BHAVAN, T. DASARAHALLI, BANGALORE-560 057. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI/MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 02/08/2024 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION IN APPEAL NO.2484/2017 (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard, learned counsel for the petitioner. 2. This petition has been filed seeking the following reliefs: "WHEREFORE the petitioner humbly prays that this Hon'ble Court may be pleased to pass:- - 3 - HC-KAR NC: 2025:KHC:33090-DB WP No. 16529 of 2025 a. Issue a writ of Certiorari/Mandamus or any other appropriate writ, order or direction, quashing the order dated 02.08.2024 passed by the Karnataka State Consumer Disputes Redressal Commission in Appeal No.2484/2017 (Annexure- "A"); b. Direct the State Commission to restore Appeal No.2484/2017 and decide the same on merits after affording an opportunity of hearing to both the sides; c. Pass such other or further orders as this Hon'ble Court deems just and proper in the facts and circumstances of the case". 3. A perusal of the order sheet of the Appeal No.2484/2017, which was before the State Commission reflects that the appeal was placed before the State Commission on 13.12.2017 Despite several dates being fixed, no one appeared for the appellant. The same is recorded in the order sheet. Further the order of 02.12.2020 records that despite sufficient opportunity given to the appellant, steps were not taken. The order of the District Commission is not under challenge in the instant petition nor is a copy of the order of the District Commission on record. 4. Under these circumstances, we find no error or illegality, perversity or lack of jurisdiction in the impugned - 4 - HC-KAR NC: 2025:KHC:33090-DB WP No. 16529 of 2025 order of the State Commission that would merit interference. This petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 18