- 1 - HC-KAR NC: 2025:KHC:33025-DB WP No. 32006 of 2024 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. 32006 OF 2024 (GM-CON) BETWEEN: MR. BASAVARAJ S. SHINTRI, S/O SRIKANTHA B SHINTRI, AGED ABOUT 45 YEARS, NO.5549, 4TH MAIN ROAD, 1ST CROSS, SS EXTENSION, B BLOCK, DAVANGERE-577 004. …PETITIONER (BY SRI.SAMEER S N., ADVOCATE) AND: THE CHIEF MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, GOLDEN HEIGHTS, 4TH FLOOR, NO.1/2, 59 C CROSS, 4TH M-BLOCK, RAJAJI NAGAR, BENGALURU-560 012 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ANNEXURE- A THE IMPUGNED ORDER PASSED IN CASE NO.A/62/2024 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTES Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33025-DB WP No. 32006 of 2024 REDRESSAL COMMISSION, BASAVA BHAVAN, SRI BASAVESHWARA CIRCLE, HIGH GROUNDS, BANGALORE- 560001 DATED 06.03.2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 the learned counsel for the petitioner. 2. This Writ Petition has been filed seeking the following relief: a) Issue a writ in the nature of certiorari quashing ANNEXURE -A: the impugned order passedin case No.A/62/2024 passed by the Karnataka State consumer disputes redressal commission Basava bhavan, Sri. Basaveswara circle, High grounds, Bangalore -560001 dated 06-03-2024; b) Pass any order as this hon'ble court deems fit to grant in the facts and circumstances of this case in the ends of justice and equity. 3. The order under challenge was passed by the State Commission on an application moved by the petitioner under Section 5 of the Limitation Act, 1963. The application was filed along with an affidavit seeking - 3 - HC-KAR NC: 2025:KHC:33025-DB WP No. 32006 of 2024 condonation of delay of 181 days in filing the appeal before the State Commission against an order of the District Commission, Davanagere dated 17.04.2023 passed in C.C.No.27/2021. 4. By the impugned order, while dismissing the delay condonation application as well as the appeal, the State Commission has noted the sworn affidavit in support of the application reflecting that the petitioner was not feeling well due to severe back ache and due to ill health he was unable to approach the advocate and give instructions to prepare the appeal, and hence, he could not file that appeal within the limitation period. 5. The State Commission held that the ground for non filing of appeal within time is not satisfactory. It was noted that no documents/medical records to condone the delay were filed and further, no material was placed to show he suffered ill health. After noting the decision of the - 4 - HC-KAR NC: 2025:KHC:33025-DB WP No. 32006 of 2024 National Commission reported in 2018 (II) CPR 507 (NC), the appeal was dismissed. 6. We have perused the application under Section 5 along with the affidavit that has stated to have been filed on behalf of the petitioner before the State Commission. As reflected in the order impugned of the State Commission, apart from stating that he was not feeling well and due to severe back pain, he was not able to move about and contact his counsel at Bengaluru, nothing else has been stated, nor is there any detail given about his treatment during that period. 7. Today, learned counsel for the petitioner has submitted list of documents enclosing a medical certificate issued by Dr. S.N. Hiremath, a consultant Orthopaedic Surgeon of Gurushree Hospital, Davanagere dated 09.04.2023. This certificate states that Mr. Basavaraj S. Shintri S/o. B. Srikanth Shintri came with low back pain and diagnosed LBA IVDD with Right sided (illegible) and - 5 - HC-KAR NC: 2025:KHC:33025-DB WP No. 32006 of 2024 that he needs rest for 14 weeks along with physiotherapy. However in the photocopy of the second Judge copy of this memo the certificate shows that he was advised rest for 4 weeks. 8. Be that as it may, neither any receipt of consultation fees of the Doctor is enclosed nor his registration in the OPD of the Hospital is filed. As such, this document cannot enure to the benefit of the petitioner. This petition is therefore dismissed. 9. Before parting it needs mention that the petitioner has sought to mislead the Court by fabricating the certificate issued by the Doctor, that is to say by writing 1 (one) before the numeral 4 (four), so as to make it 14 (fourteen) weeks instead of 4 (four) weeks. This amounts to filing a fabricated document before this Court. It appears from seeing the medical certificate that the numeral one (1) has been interpolated in the certificate issued by the Doctor, which is not present in the - 6 - HC-KAR NC: 2025:KHC:33025-DB WP No. 32006 of 2024 photocopy of the certificate that is filed with the second set. Therefore in our opinion, a complaint is required to be lodged under the provisions of Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 20231. 10. We direct the Registrar General, High Court of Karnataka to make a complaint before the Magistrate concerned having jurisdiction. 11. The document filed today both the first set and second set shall be kept in safe custody of the Registrar concerned to be produced before the competent Court. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BVK; List No.: 1 Sl No.: 7 1 BNSS