- 1 - HC-KAR NC: 2025:KHC:48811 WP No. 10300 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.10300 OF 2024 (GM-CON) BETWEEN: DIVYA BUILDERS REP. BY ITS PARTNER SRI.PRABHURAJ, MAJOR NO.294, MINI FOREST II CROSS, 3RD PHASE J.P.NAGAR BENGALURU - 560 078 …PETITIONER (BY SRI. BHARGAV G, ADVOCATE) AND: DIVYA SAPTAMI APARTMENT OWNERS WELFARE ASSOCIATION REP. BY ITS PRESIDENT/SECRETARY NO.17/1, KODI CHIKKANAHALLI MAIN ROAD NEAR ENJAY ENCLAVE BTM LAYOUT IV PHASE BENGALURU - 560 076 …RESPONDENT (BY SRI. M.K.BHASKARAIAH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48811 WP No. 10300 of 2024 SETTING ASIDE/QUASH THE ORDER OF NON BAILABLE WARRANT DATED 05/02/2024 AND 26.03.2024 AT ANNEXURE-D ISSUED BY THE BANGALORE URBAN DISTRICT CONSUMER FORUM (PRL.) AGAINST THE PETITIONER IN EXECUTION PETITION NO.287/2017 AND ETC. THIS PETITION, COMING ON FOR DISMISSAL FOR NON PROSECUTION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief: "1. Issue Writ of Certiorari or such other appropriate writ or order setting aside/quashing the order of Non Bailable warrant dated 05.02.2024 and 26.03.2024 at Annexure-D issued by the Bangalore Urban District Consumer Forum (Prl.) against the petitioner in Execution Petition No.287/2017. 2. Issue Writ of Mandamus directing the Bangalore Urban District Consumer Forum (Prl.) to extend some considerable time to the petitioner and thereby direct him to secure the Completion Certificate from the BBMP. 3. Pass such other Writ/s or Order/s, which are deemed to be fit in the nature and circumstances of the case, in the interest of justice and equity." 2. The District Consumer Dispute Redressal Forum at Bangalore, vide its order dated 12.05.2017 in complaint No.1186/2012, had directed the petitioner to make - 3 - HC-KAR NC: 2025:KHC:48811 WP No. 10300 of 2024 payment of certain monies as well as to obtain the Occupancy Certificate and furnish the same to the respondent. 3. The petitioner contending that the petitioner had made payment of monies, but the Occupancy Certificate though applied for has not been issued by the BBMP. Therefore, the petitioner had approached this Court by filing writ petition on 23.03.2024 seeking for mandamus to be issued to the Bengaluru Urban District Consumer Forum (Prl.) to extend some time for securing Completion Certificate from BBMP. 4. It is in that background, an interim order had been passed staying the non-bailable warrant, which had been issued on 05.02.2024 and re-issued on 26.03.2024. 5. On enquiry with the learned counsel for the petitioner as to whether the Completion Certificate has been received even now, he submits that it has not been received and some more time is required. - 4 - HC-KAR NC: 2025:KHC:48811 WP No. 10300 of 2024 6. The impugned direction, which had been issued by the District Consumer Disputes Redressal Forum, was on 12.05.2017 for securing the Occupancy Certificate within six weeks from the date of the communication of the said order. Thereafter, though the petitioner claims that an application has been made for more than 8 years, now the Occupancy Certificate has not been received by the petitioner and the petitioner has been corresponding with the BBMP. Such correspondents will not come to the rescue of the petitioner inasmuch as there was a direction, which had been categorically issued to secure the Occupancy Certificate within six weeks from 12.05.2017 and the same not having been secured. The non-bailable warrant was issued on 05.02.2024 and re-issued on 26.03.2024. The petitioner having approached this Court for extension of time on 23.03.2024, the petition has been pending for nearly more than one and a half years. 7. Despite which even till today the petitioner has not secured the Completion Certificate. There is absolutely no bonafide, which has been established by the petitioner. - 5 - HC-KAR NC: 2025:KHC:48811 WP No. 10300 of 2024 The petitioner only apparently has communicated with the BBMP and has not secured the Completion Certificate. 8. No grounds are made out. Accordingly, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 29