Karnataka High Court
High Point Finance Private Limited vs Smt. Suma T. Gowda on 28 June, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2017
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NOS.11804-11821 OF 2017 (GM-CON)
BETWEEN
HIGH POINT FINANCE PRIVATE LIMITED
NO.4406/7/8, HIGH POINT IV, NO.45
PALACE ROAD, BANGALORE-560 001
REPRESENTED BY ITS DIRECTOR
SRI SURESH BHATIA
... PETITIONER
(BY SRI K N PHANINDRA, ADVOCATE)
AND
1. SMT. SUMA T GOWDA
W/O SRI H R THIMMAPPA GOWDA
AGED ABOUT 29 YEARS
R/O NO.2125, MIG, SAPTAGIRI
3RD PHASE, 12TH B MAIN ROAD
YELAHANKA NEW TOWN
BANGALORE-560 064
2. SRI R SUDHAKAR
S/O SRI M RUDRAPATHI
AGED ABOUT 35 YEARS
R/O NO.255, SFS 407
1ST "A" CROSS, 2ND MAIN
4TH PHASE, YELAHANKA NEW TOWN
BANGALORE-560 065
3. SRI SHIVAKUMAR B TADAHAL
S/O SRI BASAVARAJ S TADAHAL
AGED ABOUT 29 YEARS
2
R/O NO.252, JANHVI
22ND MAIN, JUDICIAL LAYOUT
GKVK POST, BANGALORE-560 065
4. SRI DEEPAK G S
S/O SRI A G SRIPADA RAO
AGED ABOUT 34 YEARS
R/O NO.413, 27TH CROSS
JUDICIAL LAYOUT, GKVK POST
BANGALORE-560 065
5. SMT. CHANDRIKA G
W/O SRI DEEPAK G S
AGED ABOUT 31 YEARS
R/O NO.413, 27TH CROSS
JUDICIAL LAYOUT, GKVK POST
BANGALORE-560 065
6. MS. SHILPA SHAHLOT
D/O SRI CHANDAN RAJ SHAHLOT
AGED ABOUT 40 YEARS
R/O NO.3, 1ST MAIN ROAD
SOMESHWARA NAGAR, GKVK POST
CHIKKABOMMANSANDRA
YELAHANKA, BANGALORE-560 065
PRESENTLY R/AT NO.2326
2ND FLOOR, MIG 3RD STAGE
5TH "B" MAIN
YELAHANKA NEW TOWN
BANGALORE-560 064
7. SRI LAKSHMANAN A R
S/O SRI RAMALINGAM A
AGED ABOUT 37 YEARS
R/O NO.78A, NORTH PORTION
SOMESHWARANAGAR
CHIKKABOMMANSANDRA
YELAHANKA
BANGALORE-560 065
PRESENTLY RESIDING AT J-5,
605, PROVIDENT WELWORTH CITY
MARASANDRA, DODDA TUMAKURU POST
YELAHANKA, DODDABALLAPUR ROAD
BANGALORE-561 203
3
8. COL. G D VASHISHTA
S/O SRI BHAGI RATH
AGED ABOUT 55 YEARS
R/O NO.E-2, DGQA
OFFICERS ENCLAVE
J.C. NAGAR
BANGALORE-560 006
PRESENTLY R/AT HOUSE 15/4
TOC, OPP:THOMAS BAKERY
ST. JOHNS CHURCH ROAD
BANGALORE-560 005
9. SRI SUKUMAR NATARAJAN
S/O SRI M K NATARAJAN
AGED ABOUT 46 YEARS
R/O FLAT SB-21, VIJAYA ENCLAVE
SUNDER RAM SHETTY NAGAR
BRM 4TH STAGE
BANGALORE-560 064
PRESENTLY RESIDING AT
NO.B-203, RENAISSANCE EXOTICA
JAKKUR PLANTATION
YELAHANKA HOBLI
BANGALORE-560 064
PRESENTLY R/AT FLAT NO.A-102
VERACIOUS VANI VILAS
YELAHANKA, BANGALORE-560 064
10. SMT. SANGEETHA SUKUMAR
W/O SRI SUKUMAR NATARAJAN
AGED ABOUT 46 YEARS
R/O FLAT SB-21, VIJAYA ENCLAVE
SUNDER RAM SHETTY NAGAR
BRM 4TH STAGE
BANGALORE-560 064
PRESENTLY RESIDING AT
NO.B-203, RENAISSANCE EXOTICA
JAKKUR PLANTATION
YELAHANKA HOBLI
BANGALORE-560 064
4
PRESENTLY R/AT FLAT NO.A-102
VERACIOUS VANI VILAS
YELAHANKA, BANGALORE-560 064
11. SRI ARUN KUMAR APPU
S/O SRI M S APPU
AGED ABOUT 38 YEARS
R/O FLAT NO.504, BLOCK 10
UNITECH HERITAGE APARTMENT
NEAR ANANTHPUR GATE
DODDABALLAPUR ROAD
YELAHANKA POST
BANGALORE-560 064
12. SRI N RAMESH
S/O LATE SRI M NARAYANA NAIK
AGED ABOUT 59 YEARS
R/O HOUSE NO.1227
NEW MANJUNATHA LAYOUT
2ND MAIN ROAD
RAMAMURTHY NAGAR
BANGALORE-560 016
13. SMT. G SOUMYA
W/O SRI N RAMESH
AGED ABOUT 46 YEARS
R/O HOUSE NO.1227
NEW MANJUNATHA LAYOUT
2ND MAIN ROAD
RAMAMURTHY NAGAR
BANGALORE-560 016
14. SMT. A KAMALA
W/O SRI K PRAKASH
AGED ABOUT 60 YEARS
R/O NO.205, PALM COURT
GARDEN ESTATE, YELAHANKA
BANGALORE-560 064
15. SRI K PRAKASH
S/O SRI R KRISHNA RAO
AGED ABOUT 63 YEARS
R/O NO.205, PALM COURT
GARDEN ESTATE, YELAHANKA
BANGALORE-560 064
5
16. SRI SRIRAM MARUWADA
S/O SRI HARIRAO M
AGED ABOUT 40 YEARS
R/O NO.165/14
MAHALAKSHMI LAYOUT
12TH CROSS, 2ND FLOOR
BANGALORE-560 086
PRESENTLY RESIDING AT
NO.17, 2ND CROSS, JUDICIAL LAYOUT
RMV 2ND STAGE, SANJAYNAGAR
BANGALORE-560 094
17. SRI PRASHANTH V
S/O SRI V GOPINATHAN
AGED ABOUT 40 YEARS
R/O VRINDHAVAN KACHERI POST
YEDACHERI, KOZIKODE-673 502
#NO.42/1, MANJUNATH BUILDING
6TH CROSS, LAW COLLEGE ROAD
SANTHOSHI NAGAR
ATTUR, YELAHANKA
BANGALORE-560 064
PRESENTLY RESIDING AT NO.21
DOOR NO. 101, 1ST FLOOR
7TH CROSS, MATHRU LAYOUT
YELAHANKA NEW TOWN
BANGALORE-560 064
18. SRI R AMBARISHA
S/O SRI G RAGHOTHAMAN
AGED MAJOR
REP BY POWER OF ATTORNEY HOLDER
SRI G RAGHOTHAMAN
R/O 506/1, 11 "B" CROSS
4TH MAIN, 3RD BLOCK
BEL LAYOUT, VIDYARANYAPURA
BANGALORE-560 097
19. SRI MANOJ MOHAN KODAGALI
S/O SRI MOHAN GURURAO KODAGALI
AGED ABOUT 37 YEARS
R/O NO.70, GROUND FLOOR
RAJAJINAGAR "R" BLOCK
BANGALORE-560 010
6
20. SMT. VALLURI VEERA VENI
W/O SRI REDDY SATISH KUMAR
AGED ABOUT 38 YEARS
REPRESENTED BY HER
POWER OF ATTORNEY HOLDER
MR. REDDY BAPI RAJU
S/O LATE SRI REDDY SATYAM
AGED ABOUT 78 YEARS
R/O H.NO.562, A SECTION
7TH "A" MAIN ROAD
YELAHANKA NEW TOWN
BANGALORE-560 106
21. SRI REDDY S S
S/O SRI R BAPI RAJU
AGED MAJOR
R/O NO.402, RAIL WHEEL FACTORY
WEST COLONY, YELAHANKA
BANGALORE-560 064
22. SRI SHARANABASAVA K. MATH
S/O SRI KASAYYA GURULINGAYYA MATH
AGED ABOUT 66 YEARS
REP BY HIS POWER OF ATTORNEY HOLDER
R/O NO.2-911/1/2/45
PRASHANTHA NAGAR (A)
RAJAPUR, SHAHBAD MAIN ROAD
GULBARGA-585 105
23. SRI KASAYYA GURULINGA MATH
S/O SRI GURULINGAYYA MATH
AGED MAJOR
R/O NO.2-911/1/2/45
PRASHANTHA NAGAR (A)
RAJAPUR, SHAHBAD MAIN ROAD
GULBARGA-585 105
24. M/S. WATER FRONT DEVELOPERS
REPRESENTED BY ITS MANAGING PARTNER
OFFICE NO.4406/7/8, HIGH POINT IV
NO.45, PALACE ROAD
BANGALORE-560 001
25. M/S. ETERNITY DEVELOPERS
REPRESENTED BY ITS DIRECTORS
7
MR. AVINASH PRABHU & DHEERAJ PRABHU
REGISTERED OFFICE NO.11, HAYES ROAD
BANGALORE-560 025
26. MR. ASHWIN PAI
S/O MR. SATHISH PAI
AGED ABOUT 32 YEARS, NO.10/1
LAKSHMINARAYANA COMPLEX
PALACE ROAD, BANGALORE-560 001
... RESPONDENTS
(BY SRI C M POONACHA, ADVOCATE FOR R-1, 2, 3, 4 5, 6, 8,
9, 10, 12, 13, 15, 16, 17, 18, 19, 21, 22 & 23;
R-7, 11, 14, 20, 24, 25 & 26 ARE SERVED & UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE COMMON ORDER DATED 10.02.2017 PASSED BY
THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, BANGALORE, IN EXECUTION APPLICATION
NOS.10, 11 TO 22, 26, 27, 30, 32 AND 33 OF 2016 VIDE
ANNEXURE-A AND ALL FURTHER PROCEEDINGS THERETO
AND ETC.,
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
There are certain allegations against the Members of the Karnataka State Consumer Disputes Redressal Commission (for short 'the Commission'), which we propose not to deal with inasmuch as the parties have agreed to have the matter reconsidered by the Commission.
2. Therefore, by consent of the parties, the order impugned dated February 10, 2017, allowing the application for addition of parties is set aside and we request the 8 Commission to consider the said application afresh, uninfluenced by its earlier observations, as expeditiously as possible.
3. The writ petitions stand disposed of.
4. In view of the disposal of the writ petitions, the pending interlocutory applications do not survive for consideration and are, also, disposed of.
5. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv