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2026 DAILYLAW 46411 (KAR)

M/S PRABHAVATHI BUILDERS AND DEVELOPERS PVT LTD. v. AVINASH M

WP/1977/2026 · 2026-01-30

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5267-DB WP No. 1977 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 1977 OF 2026 (GM-CON) BETWEEN: 1. M/S PRABHAVATHI BUILDERS AND DEVELOPERS PVT LTD., OFFICE AT NO. P1, PRINCESS BLOCK DAYA DEVELOPERS SANTARA MAGAN, PHASE-2, NEXT TO AECS MARUTHI DENTAL COLLEGE NEAR MEENAKSHI MALL, BANNERGGHATTA ROAD BENGALURU 560076 REPRESENTED BY ITS MANAGING DIRECTOR PRAVEEN KUMAR B E …PETITIONER (BY SRI. SRUJAN B RAJ., ADVOCATE) AND: 1. AVINASH M S/O RADHAKRISHNA M S AGED ABOUT 4O YEARS R/AT NO. 301, GREEN INDIA DAISY APARTMENT 1ST CROSS, PNS LAYOUT, BANASWADI BENGALURU 560043 2. SHILPA RAO W/O AVINASH M AGED 36 YEARS OLD R/AT NO. 301, GREEN INDIA APARTMENT Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5267-DB WP No. 1977 of 2026 1ST CROSS, PNS LAYOUT, BANASAWADI BENGALURU 560043 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 27.12.2022 PASSED BY THE HON'BLE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION IN CC No. 17/2020 VIDE ANNEXURE-A, 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 MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the judgment and order dated 27.12.2022 passed by the Karnataka State Consumer Disputes Redressal Commission, Bengaluru (Principal Bench) (for short 'the State Commission') in Consumer Complaint No.17/2020. 2. Learned counsel for the petitioner submits that the State Commission has passed the impugned order ex parte. He further submits that the petitioner is willing to deposit the entire amount as awarded by the State Commission and file a - 3 - HC-KAR NC: 2026:KHC:5267-DB WP No. 1977 of 2026 review petition seeking review of the order dated 27.12.2022 passed by the State Commission. 3. Considering the aforesaid submission, we dispose of this writ petition with a direction to the petitioner to deposit the entire sum as awarded by the State Commission within a period of six weeks from today and may file a review petition before the State Commission. The State Commission should decide the review petition in accordance with law, if filed. 4. For a period of six weeks, the non-bailable warrant issued against the petitioner shall be kept in abeyance. 5. We make it clear that if the petitioner does not deposit the amount as awarded by the State Commission, the non-bailable warrant shall be executed forthwith. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 6