- 1 - HC-KAR NC: 2026:KHC-D:299 WP No. 100102 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100102 OF 2026 (GM-CON) BETWEEN: SHRI. RAJU S/O. CHIDANAND HOSAMANI, AGE. 42 YEARS, OCC. PRIVATE SERVICE, R/O. SADGURU, RAMTEERTH NAGAR, BELAGAVI-591265. …PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: ANJALI W/O. MAYAPPA DHAVALESHWAR, AGE. 65 YEARS, OCC. HOUSEHOLD WORK, R/O. PLOT NO.1624, KANABARGI ROAD, ANJANEYA NAGAR, BELAGAVI-590001. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE IMPUGNED ORDER DATED 29/10/2022 PASSED BY LEARNED DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BELAGAVI, IN CONSUMER COMPLAINT NO.2704/2018 VIDE ANNEXURE-A IN SO FAR AS PETITIONER/OPPONENT NO.3 IS CONCERNED AND SUBSEQUENT INITIATION OF EXECUTION PROCEEDINGS IN EXECUTION APPLICATION NO.61/2024 VIDE ANNEXURE-B IN SO FAR AS IT RELATES TO THE PETITIONER/OPPONENT NO.3 AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:299 WP No. 100102 of 2026 ORAL ORDER The present writ petition is filed questioning the order dated 29.10.2022 passed by the District Consumer Disputes Redressal Commission, Belagavi, in Consumer Complaint No.2704/2018 and subsequent initiation of execution proceedings in Criminal Complaint No.613 of 2024. 2. It is the case of the petitioner that he is not a party before the Consumer Forum. There are three opposite parties before the Consumer Forum. The 3rd party is Belagavi Liberal Credit Souhard Co-operative Ltd., Belagavi Branch, Sonar Galli, represented by its General Manager-Raju Hosamani. Now, the present writ petition is filed by him in his individual capacity. 3. It is the contention of the learned counsel appearing for the petitioner that if he has to go before the State Commission, he has to deposit 30% of the amount. Further, no notice is issued to him. He is not working in the Belagavi Liberal Credit Souhard Co-operative society and as this order is passed without following the principles of natural justice and without giving an opportunity to the petitioner, he can come before this Court and according to him, interim orders are granted in this - 3 - HC-KAR NC: 2026:KHC-D:299 WP No. 100102 of 2026 kind of matters by a Co-ordinate Bench of this Court. It is his case that now the execution and arrest warrant is issued and the police are coming to the petitioner's house. Hence, in view of all these circumstances, the petitioner's interest has to be protected. 4. Having heard the learned counsel for the petitioner, perused the material on record. The writ petition as it is filed before this Court is not maintainable. The petitioner in his individual capacity is not arrayed as opposite party before the Consumer Court. The Society is the opposite party. The petitioner was working as a General Manager of the said Society and in that capacity, he was arrayed as a party. Now, it is the case of the petitioner that he is no more working and associated with the Society. In that case, when the Society is a party, a person in his individual capacity is not liable to pay any amount. The petitioner could have appeared before the Executing Court and could have brought to the notice of the Executing Court that he has nothing to do with the Society and he is no more an employee. Without doing any of that the petitioner, in his individual capacity, cannot come up before this Court and file a - 4 - HC-KAR NC: 2026:KHC-D:299 WP No. 100102 of 2026 writ petition. This court on the first ground cannot entertain a writ petition, which is filed questioning an order passed by the District Consumer Forum. Secondly, the petitioner, who is not a party in its individual capacity, cannot file a writ petition before this Court. Thirdly, he has an alternative remedy before the State Commission and also he can place all these facts before the Executing Court. Accordingly this Court is passing the following: ORDER (i) The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedies available under law. (ii) All I.As., in this writ petition stands closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 44