Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44632-DB WP No. 8338 of 2023
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. 8338 OF 2023 (GM-CON) BETWEEN:
1.
SRI RAVINDRANATH B L AGE 52 YEARS S/O LATE LAKSHMEGOWDA FORMER MANAGING DIRECTOR M/S GREEN BUDS AGRO FARM COMPANY PVT LTD R/A NO.109, 1ST FLOOR, DX MAX SAB VILLA APARTMENTS BALAJI LAYOUT, MALALTHAHALLI, NAGARABAVI, BENGALURU -560060.
(M/S GREEN BUDS AGRO FARM COMPANY PVT LTD IS A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, AND THE SAID COMPANY IS TAKEN OVER BY COMPETENT AUTHORITY BY NOTIFICATION NO.RD.03.GRC.2015 DATED 24/06/2017) …PETITIONER (BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDI., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, MS BUILDING, BENGALURU-560001.
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44632-DB WP No. 8338 of 2023
2.
COMPETENT AUTHORITY AND ASSISTANT COMMISSIONER MYSORE SUB DIVISION, MYSORE-570001
3.
SRI HANUMANTHAIAH T C S/O LATE CHANNE GOWDA AGE 68 YEARS R/A TOPAGANAHALLI VILLAGE, TUNGANI POST, RAYASANDRA HOBLI KANAKAPURA TALUK RAMNAGARA DISTRICT-562117 …RESPONDENTS (BY SRI. G.R.ARUNA, AGA FOR R-1;
SRI. VEERESH R BUDIHAL, ADVOCATE FOR R2;
R3-SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE EXECUTION APPLICATION No. 28/2021 VIDE ANNEXURE E PENDING BEFORE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION AT BANGALORE AGAINST THE PETITIONER, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU
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HC-KAR NC: 2025:KHC:44632-DB WP No. 8338 of 2023
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
Heard Sri P.P. Hegde, learned Senior Counsel for the petitioner, Sri G.R. Aruna, learned High Court Government Pleader for respondent No.1 and Sri Veeresh R Budihal,
learned counsel for respondent No.2.
2. In this writ petition, the petitioner, Managing Director of M/s. Green Buds Agro Farm Company Pvt. Ltd., has challenged the order passed by the Karnataka State Consumer Disputes Redressal Commission (Prinicipal Bench), Bengaluru dated 03.07.2019, whereby the complaint filed by Sri. Hanumanthaiah T C was allowed and the opposite party was directed to pay a sum of Rs.22,50,000/- with interest @ 18% per annum till realization by the complainant. The opposite party was also directed to pay a sum of Rs.1,00,000/- as compensation, a sum of Rs.25,000/- towards cost and a sum of Rs.30,000/- towards traveling expenses.
3. This order passed by the State Commission was not complied with and therefore, the complainant had to file execution petition before the State Commission. Despite service
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HC-KAR NC: 2025:KHC:44632-DB WP No. 8338 of 2023
of notice, no response was submitted. The ordersheet would disclose that non bailable warrant was issued against the petitioner. The execution petition remained pending for more than a year and finally the State commission re-issued non- bailable warrant against the petitioner herein vide order dated
18.11.2022. Even the non bailable warrants have been avoided and thereafter, the writ petition has been filed before this Court in the year 2023 though non bailable warrant was re-issued on
18.11.2022.
3. Learned Senior Counsel for the petitioner submits that there is a conflict between the provisions of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, the Consumer Protection Act, 1986 and the Consumer Protection Act, 2019.
4. However, he is unable to show us how. The documents as produced do not reflect an order of attachment passed by the State Commission. Thus, the submission fails. The only order passed/issued is the one passed by the State Commission of issue of non bailable warrants. We do not think
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HC-KAR NC: 2025:KHC:44632-DB WP No. 8338 of 2023
that such a question arises for consideration in this writ petition before this Court.
5. The petitioner, even otherwise, has an alternate remedy of filing an appeal against the order passed by the State Commission on a complaint filed under the provisions of the Consumer Protection Act.
6. We take note of the fact that the State Commission passed the order on the complaint way back in the year 2015. Instead of filing the statutory appeal and without complying the
order passed by the State Commission, the petitioner has approached this Court. We, therefore, dismiss the writ petition leaving it open to the parties to take recourse to their appropriate remedy as may be available to them in law.
Sd/- (D K SINGH) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
RKA List No.: 1 Sl No.: 1