- 1 - HC-KAR NC: 2025:KHC:44639-DB WP No. 32520 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 32520 OF 2024 (GM-CON) BETWEEN: 1. PRAKRUTHI INFRASTRUCTURE AND DEVELOPMENT COMPANY LIMITED A COMPANY REGISTERED UNDER THE PROVISIONAL OF COMPANIES ACT 1956 HAVING ITS OFFICE AT NO. 206, UPPER PALACE ORCHARDS, SANKEY ROAD SADASHIVNAGAR, BENGALURU 560 080 REPRESENTED BY ITS DIRECTOR SRI ARJUN BALASUBRAMNAYAM PRESENT OFFICE AT NO. 42,3RD CROSS INDUSTRIAL SUBURB, 2ND STAGE YESHWANTHPUR, BENGALURU 560 022. 2. SUBRAMANYA CONSTRUCTIONS AND DEVELOPMENT COMPANY LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS OFFICE AT NO. 206 UPPER PALACE ORCHADE SANKEY ROAD, SADASHIVANAGAR BENGALURU 560 080 REPRESENTED BY ITS DIRECTOR SRI ARJUN BALASUBRAMANYAM PRESENT OFFICE AT NO. 42, 3RD CROSS Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44639-DB WP No. 32520 of 2024 INDUSTRIAL SUBURB, 2ND STAGE YESHWANTHPUR, BENGALURU 560 022 …PETITIONERS (BY SRI. SAMPATH A., ADVOCATE) AND: 1. CHINNASWAMY S/O P DASASETTY AGED ABOUT 71 YEARS R/AT DO. NO. 200, 2ND MAIN 5TH CROSS, SIDDALINGESHWARA LAYOUT J P NAGAR, BANGALORE 560 078 …RESPONDENT (BY SRI. ADITYA S K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 30.11.2024 PASSED BY THE LEARNED KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BASAVA BHAVAN, BANGALORE IN EA No. 63/2024 VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the order dated 30.11.2024 passed by the Karnataka - 3 - HC-KAR NC: 2025:KHC:44639-DB WP No. 32520 of 2024 State Consumer Disputes Redressal Commission, Bangalore, in Execution Application No.63/2024, whereby non-bailable warrant (NBW) has been issued against the petitioners for non-complying the order 29.05.2024 passed by the State Commission in Consumer Complaint No.626/2017. 2. The said order passed by the State Commission has been challenged by the petitioners by filing appeal before the National Consumer Dispute Redressal Commission. The order dated 30.09.2025 has been passed by the National Commission in First Appeal No.NC/FA/57/2025. The National Commission has directed the petitioner to make further deposit of Rs.15,00,000/- and subject to the deposit of Rs.15,00,000/- the order passed by the State Commission has been stayed. Therefore execution petition pending before the State Commission would not go on. The National Commission has directed the petitioners to take back the amount of Rs.42,00,000/- - 4 - HC-KAR NC: 2025:KHC:44639-DB WP No. 32520 of 2024 deposited before this Court and deposit the same before the State Commission. 3. Considering the facts and circumstances of the case, we dispose of this writ petition with an observation that till National Commission decides the appeal pending before it or vacates the interim order, the execution petition before the State Commission has to be kept in abeyance. 4. However, as per the order dated 30.09.2024 of the National Commission, we direct the registry to remit the amount of Rs.42,00,000/- deposited by the petitioner herein along with the accrued interest to the Karnataka State Consumer Disputes Redressal Commission, Bangalore, in Execution Application No. 63/2024. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 24