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2025 DAILYLAW 67919 (KAR)

M/S MARGADARSI CHITS v. SRI A RAMESHA

WP/25123/2023 · 2025-10-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43382 WP NO.25123 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.25123 OF 2023 (GM-CON) BETWEEN: M/S MARGADARSI CHITS (KARNATAKA) PVT. LTD., NO.14, II FLOOR, 5TH MAIN ROAD, 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWTHIPURAM, MYSURU - 570 009. PRESENT ADDRESS: M/S MARGADARSI CHITS, (KARNATAKA) PVT. LTD., NO.64, 7TH MAIN, G.S. SQUARE, KAMAKSHI HOSPITAL ROAD, MYSURU - 570 009. REP. BY ITS BRANCH MANAGER, SRI. D.P. MASTANAIAH, AGED ABOUT 51 YEARS, S/O LATE PULLANNA. …PETITIONER (BY SRI. BHADRINATH R., ADVOCATE) AND: SRI. A. RAMESHA S/O ALASINGARI GOWDA, AGED ABOUT 45 YEARS, R/AT K.R. SAGARA, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. …RESPONDENT (BY SRI. RANGANATHAPRASAD B.S., ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43382 WP NO.25123 OF 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 116 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 02ND NOVEMBER, 2023 PASSED IN EXECUTION APPLICATION NO.23 OF 2023 BY THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MYSURU VIDE ANNEXURE-A AND CONSEQUENTLY MAINTAINABILITY OF THE EXECUTION APPLICATION NO.23 OF 2023 ON THE FILE OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MYSURU-570009 VIDE ANNEXURE- A; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the proceedings in Execution Application No.23/2023 on the file of the District Consumer Disputes Redressal Commission, Mysuru. 2. Heard Sri. Bhadrinath R., learned counsel appearing for the petitioner and Sri. Ranganatha Prasad B.S., learned counsel appearing for the respondent. 3. Sri. Ranganathaprasad B.S., learned counsel appearing for the respondent vehemently contended that the petitioner is having an efficacious remedy under the Consumer Protection Act, 1986 to challenge the impugned order passed - 3 - HC-KAR NC: 2025:KHC:43382 WP NO.25123 OF 2023 by the District Consumer Disputes Redressal Forum. Accordingly, he sought for dismissal of the writ petition. 4. Though the learned counsel appearing for the petitioner questioned the validity of the Execution Application No.23/2023 before the District Consumer Disputes Redressal Commission, Mysuru, taking into consideration the submission made by learned counsel appearing for the respondent, I am of the view that the petitioner is having an efficacious remedy under the provisions of the Consumer Protection Act, 1986 to challenge the impugned order passed by the District Consumer Disputes Redressal Forum. Therefore, the petitioner is relegated to approach the Karnataka State Consumer Disputes Redressal Commission for redressal of its grievance. 5. Since, the petitioner is pursuing the matter before this Court from the year-2023, I am of the view that the petitioner is having the benefit of Section 14 of the Limitation Act to approach the competent Commission under the provisions of the Consumer Protection Act, 1986. In that view of the matter, respondent is directed not to precipitate the - 4 - HC-KAR NC: 2025:KHC:43382 WP NO.25123 OF 2023 matter against the petitioner for a period of six weeks from the date of this order. Accordingly, writ petition is disposed of. Registry is directed to return the certified copies of the Annexures to the petitioner after replacement of the photostat copies. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 29