- 1 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1074 OF 2024 (GM-RES) C/W WRIT PETITION NO. 28279 OF 2023 (GM-CON) WRIT PETITION NO. 1087 OF 2024 (GM-CON) IN WP No. 1074/2024 BETWEEN: 1. AMRITHA SHENOY .P AGED 44 YEARS S/O LATE DR. ANANTHA SHENOY PROPRIETOR SRI LAKSHMEE HOMES AND INFRASTRUCTURE DOOR NO. 6-2-137A3 GROUND FLOOR ANANTHA COMMERCIAL COMPLEX P RANGANATHA SHENOY COMPOUND VOLAKADU, UDUPI - 576101. …PETITIONER (BY SRI. S.K. ACHARYA .U, ADVOCATE) AND: 1. DR. VASUDEVA PRABHU AGED 47 YEARS S/O LATE SRIDHAR PRABHU R/AT D.NO. 7/15(1) NEAR RKP SCHOOL MUNDKINAJEDDU CHERKADY VILLAGE POST CHERKADY - 576215 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 BRAHMAVARA TALUK UDUPI DISTRICT. …RESPONDENT (BY SRI. RAJASHEKAR .S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 06/12/2023 PASSED IN EXECUTION PETITION NO. 11/2023 ON THE FILE OF THE UDUPI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VIDE ANNEXURE A AND TO DECLARE THE SAME AS UNCONSTITUTIONAL AND ILLEGAL. IN WP NO. 28279/2023 BETWEEN: 1. AMRITH SHENOY. P AGED ABOUT 44 YEARS S/O. LATE DR. ANANTHA SHENOY PROPRIETOR SRI. LAKSHMEE HOMES AND INFRASTRUCTURE DOOR NO. 6-2-137A3 GROUND FLOOR, ANANTHA COMMERCIAL COMPLEX P. RANGANATHA SHENOY COMPOUND VOLAKADU, UDUPI-576 101. ...PETITIONER (BY SRI. S.K. ACHARYA .U, ADVOCATE) AND: 1. FAZLUR RAHIMAN ASSADI AGED ABOUT 62 YEARS S/O. LATE ABDUL TAWAB ASSADI R/AT CASA TRIANNA APARTMENT NEAR HANUMAN GARRAGE CHITPADY, UDUPI-576 101. - 3 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 2. MOHAMMED TAYYAB ASSADI AGED ABOUT 30 YEARS S/O. LATE ABDUL TAWAB ASSADI R/AT CASA TRIANNA APARTMENT NEAR HANUMAN GARRAGE CHITPADY, UDUPI-576 101. ...RESPONDENTS (BY SRI. RAJASHEKAR .S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 29/11/2023 PASSED IN EXECUTION PETITION 15/2022 ON THE FILE OF THE UDUPI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VIDE ANNEXURE-A AND TO DECLARE THE SAME AS UNCONSTITUTIONAL AND ILLEGAL. IN WP NO. 1087/2024 BETWEEN: 1. AMRITH SHENOY .P AGED 44 YEARS S/O LATE DR. ANANTHA SHENOY PROPRIETOR SRI LAKSHMEE HOMES AND INFRASTRUCTURE DOOR NO. 6-2-137A3 GROUND FLOOR, ANANTHA COMMERCIAL COMPLEX P. RANGANATHA SHENOY COMPOUND VOLAKADU, UDUPI - 576 101. ...PETITIONER (BY SRI. S.K. ACHARYA .U, ADVOCATE) AND: 1. DR. VASUDEVA PRABHU AGED 47 YEARS S/O LATE SRIDHAR PRABHU R/AT NO. 7/15(1), NEAR RKP SCHOOL - 4 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 MUNDKINAJEDDU, CHERKADY VILLAGE POST CHERKADY - 576 215. BRAHMAVARA TALUK UDUPI DISTRICT. ...RESPONDENT (BY SRI. RAJASHEKAR .S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 06.12.2023 PASSED IN EXECUTION PETITION NO.12/2023 ON THE FILE OF THE UDUPI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VIDE ANNEXURE-A AND TO DECLARE THE SAME AS UNCONSTITUTIONAL AND ILLEGAL. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In all these three petitions, the common petitioner who is a developer is questioning the non-bailable warrant issued against him. - 5 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 2. The facts leading to the case are as under: The respondents in the respective petitions had lodged complaints before the District Consumer Disputes Redressal Commission at Udupi alleging deficiency in service on the part of the petitioner–developer. The gist of the allegations made by the prospective purchasers of the flats was that, though the petitioner had executed agreements for sale in their favour and had received substantial portions of the sale consideration under the said agreements, he failed to complete the construction project. It was contended that despite receipt of the consideration amount, the petitioner neither completed the project and executed the registered sale deeds in favour of the complainants nor handed over possession of the flats, and also failed to refund the amounts collected under the agreements. 3. The District Consumer Forum, upon consideration of the complaints, entertained the same and - 6 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 ultimately allowed the petitions by awarding compensation in favour of the complainants. Pursuant to the orders passed by the District Consumer Forum, the respondents in the present writ petitions initiated execution proceedings in E.P. Nos. 15/2022, 11/2023 and 12/2023 seeking enforcement of the said orders. In the said execution proceedings, the present petitioner entered appearance and filed his objections resisting the execution. 4. Since the proceedings before the Executing Court were initiated under Section 72 of the Consumer Protection Act, 2019, the Executing Court proceeded to enquire into the matter. The order sheets would indicate that the petitioner repeatedly sought adjournments and prolonged the proceedings without making any substantial progress towards compliance with the orders of the Forum. The Executing Court, having reserved liberty to the petitioner on earlier occasions and finding that the execution proceedings were being unnecessarily delayed, - 7 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 ultimately deemed it appropriate to issue Non-Bailable Warrants (NBW) in the execution petitions. The said issuance of NBW is called in question in the present petitions, which have been pending before this Court since the years 2023 and 2024. 5. Though learned counsel appearing for the petitioner sought to persuade this Court to grant some further time to enable his client to settle the disputes and bring quietus to the proceedings, the learned counsel appearing for the respondents strongly opposed such request. Drawing the attention of this Court to the order sheets in the execution proceedings, the respondents’ counsel sought to demonstrate the consistent conduct of the petitioner in prolonging the proceedings since the year 2022. It was further contended that the amounts were paid by the complainants as far back as in the year 2019 and that, owing to the delay, the value of the money has substantially eroded. According to the respondents, the petitioner has been successfully frustrating the execution - 8 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 of the orders by repeatedly seeking adjournments and prolonging the proceedings before the Executing Court. 6. Having heard the learned counsel on record, the following point would arise for consideration in all the three petitions: "(i) Whether the conduct of the petitioner in not paying the money as directed by the District Consumer Forum would warrant any indulgence at the hands of this Court? Finding on point No.(i): 7. Upon a careful and closer scrutiny of the order sheets maintained by the Executing Court in the respective execution petitions, this Court finds it rather unfortunate that the conduct exhibited by the petitioner throughout the course of the proceedings is far from satisfactory. The order sheets would clearly reveal that on several dates of hearing fixed by the Executing Court, the petitioner has consistently remained absent. On most such occasions, - 9 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 applications seeking exemption from personal appearance were filed in a routine and mechanical manner. The Executing Court, showing considerable indulgence, appears to have accepted such applications and dispensed with the personal appearance of the petitioner on multiple occasions. 8. The record would further indicate that the exemption applications were frequently accompanied by assurances on behalf of the petitioner that the amounts payable under the orders of the District Consumer Forum would be paid and that the dispute would be amicably settled. Acting on such assurances, the Executing Court repeatedly granted opportunities to the petitioner in order to enable him to comply with the orders passed by the Consumer Forum and to bring the execution proceedings to a logical conclusion. 9. The order sheets further disclose that the complainants’ evidence in the execution proceedings came - 10 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 to be recorded as early as 16.08.2022 in E.P. No.15/2022 and subsequently on 25.04.2023 in E.P. Nos.11/2023 and 12/2023. Even thereafter, despite service of notice and the grant of several opportunities by the Executing Court, the petitioner failed to comply with the orders or demonstrate any genuine effort to discharge the liability determined by the Consumer Forum. The records also indicate that on earlier occasions when Non-Bailable Warrants (NBW) were issued due to the petitioner’s absence, the same were recalled by the Executing Court in order to afford yet another opportunity to the petitioner to appear before the Court and make payment of the decretal amounts. Such recall of NBWs clearly demonstrates the substantial leniency shown by the Executing Court with the intention of enabling the petitioner to satisfy the order and give quietus to the lis. 10. Despite the indulgence shown by the Executing Court, the petitioner has failed to utilize the opportunities granted to him. The execution petitions have remained - 11 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 pending since the years 2023 and 2024, and the principal challenge raised in the present petitions is confined to the issuance of NBWs on account of the petitioner’s continued absence before the Executing Court. 11. The learned counsel appearing for the petitioner sought to place reliance on a judgment of the Abdul Manim Mollah v. The State of West Bengal1 rendered by the Calcutta High Court in support of his contention that the issuance of NBW in the present circumstances is unwarranted. However, having regard to the conduct of the petitioner as reflected in the order sheets and the prolonged delay in complying with the orders passed in respect of a commercial transaction dating back to the year 2019, this Court is not inclined to examine the said judgment in detail or extend any benefit flowing therefrom to the petitioner. 1 C.R.R.No. 1499/2024 - 12 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 12. If the petitioner is genuinely inclined to bring an end to the dispute, it is always open for him to appear before the Executing Court in the pending execution proceedings and comply with the directions issued by the Consumer Forum. However, this Court cannot keep the present petitions pending merely on the basis of repeated assurances that the matter would be settled. 13. In the considered opinion of this Court, no error or illegality is made out in the action of the Executing Court in issuing Non-Bailable Warrants to secure the presence of the petitioner. More importantly, the petitioner, having suffered adverse orders before the District Consumer Forum and having chosen not to challenge the main orders passed therein, cannot be permitted to indefinitely obstruct or protract the execution proceedings. Once an order is passed under Consumer Protection Act, 2019, particularly under Section 72, the statutory consequences contemplated under the said provision are bound to follow. In such circumstances, the - 13 - HC-KAR NC: 2026:KHC:12666 WP No. 1074 of 2024 C/W WP No. 28279 of 2023 WP No. 1087 of 2024 petitioner cannot seek to stall the execution proceedings by questioning the coercive steps taken by the Executing Court to enforce compliance with the orders already attained finality. Writ petitions are devoid of merit and accordingly, stand dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 14