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[Cites 2, Cited by 0]

Karnataka High Court

Sri.Devang S Patel vs Registrar Cum Director on 8 January, 2026

Author: B M Shyam Prasad

Bench: B M Shyam Prasad

                                      -1-
                                                  NC: 2026:KHC:1142
                                              WP No. 39780 of 2025


            HC-KAR




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 8TH DAY OF JANUARY, 2026

                                 BEFORE

            THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

                 WRIT PETITION NO. 39780 OF 2025 (GM-CON)


            BETWEEN:

                  SRI.DEVANG S PATEL
                  S/O SHANKAR LAL M. PATEL,
                  RESIDING AT NO.633,
                  AGED ABOUT 27 YEARS,
                  RAJESHWARI PRASIDDI
                  36TH MAIN, 25TH CROSS,
                  RAJARAJESHWARI NAGARA,
                  BENGALURU-560098.
Digitally                                     ...PETITIONER
signed by
VANAMALA    (BY SRI. PRAVEENKUMAR HIREMATH., ADVOCATE)
N
Location:
HIGH
COURT OF    AND:
KARNATAKA

            1.    REGISTRAR CUM DIRECTOR
                  DISTRICT CONSUMER
                  DISPUTES REDRESSAL COMMISSION
                  BENGALURU RURAL AND
                  URBAN B.M.T.C BUS STAND,
                  SHANTHI NAGAR,
                  BENGALURU .
                          -2-
                                      NC: 2026:KHC:1142
                                  WP No. 39780 of 2025


HC-KAR




2.   AUTOMOTIVE RESEARCH
     ASSOCIATION OF INDIA,
     SURVEY NO. 102, VETAL HILL,
     OFF PAUD ROAD, KOTRHUD
     PUNE-411038
     REGISTERED UNDER SOCIETIES ACT, 1860.

3.   TATA MOTORS LTD
     (NOW KNOWN AS TATA MOTORS
     PASSENGER VEHICLES LTD
     REP BY ITS AUTHORIZED
     REPRESENTATIVE
     4TH FLOOR, AHURA CENTRE,
     82, MAHAKALI CAVES ROAD,
     REGISTERED UNDER COMPANIES ACT 1930
     MIDC, ANDERI EAST, MUMBAI-400093.

4.   PRERANA MOTORS (P) LTD
     REP. BY ITS AUTHORIZED
     REPRESENTATIVE,
     MR. KRISHNA KUMAR HAVING ITS
     REGD. OFFICE AT "PRIDE HULKUL"
     NO.116, LALBAGH ROAD,
     BENGALURU-560042.

5.   PRERANA MOTORS (P) LTD
     SHOWROOM, REGD. AUTHORIZED
     DEALER TATA MOTORS, REP. BY ITS
     AUTHORIZED REPRESENTATIVE,
     HAVING ITS REGD. OFFICE AT NO.46,
     10TH CROSS, ROAD,
     WEST OF CHORD ROAD, 2ND STAGE,
     BASAVESHWAR NAGAR,
     BENGALURU-560079.
                               -3-
                                         NC: 2026:KHC:1142
                                      WP No. 39780 of 2025


HC-KAR




6.    PRERANA MOTORS (P) LTD
      SERVICE STATION,
      REP. ITS AUTHORIZED REPRESENTATIVE,
      HAVING ITS REGD. OFFICE AT
      NO.28-D/29, 2ND PHASE, 1ST MAIN RD,
      PEENYA, BENGALURU-560058
      R4 TO R6 REGISTERED UNDER
      COMPANIES ACT 1930.
                                 ...RESPONDENTS

       THIS WP IS FILED UNDER ARTICLES 226 AND
227       OF THE CONSTITUTION OF INDIA PRAYING
TO-I. ISSUE AN APPROPRIATE WRIT, ORDER, OR
DIRECTION IN THE NATURE OF MANDAMUS OR
ANY OTHER DIRECTION DIRECTING RESPONDENT
NO. 2 TO FURNISH THE EXPERT REPORT WITHIN
30 DAYS FROM THE DATE OF ORDER OF THIS
COURT IN C.C NO.309/2021 PENDING ON THE FILE
OF    I    ADDL.   DISTRICT   CONSUMER     DISPUTE
REDRESSAL COMMISSION AT BENGALURU (ANNX-
B); II. ISSUE A WRIT OF MANDAMUS OR ANY
OTHER       APPROPRIATE   WRIT,     DIRECTION,   OR
ORDER DIRECTING THE I ADDITIONAL DISTRICT
CONSUMER DISPUTE REDRESSAL COMMISSION AT
BENGALURU          TO   DISPOSE     OF   THE     C.C
NO.309/2021 WITHIN SIXTY DAYS FROM THE DATE
OF THE EXPERT REPORT (ANNEXURE - B).
                                 -4-
                                               NC: 2026:KHC:1142
                                           WP No. 39780 of 2025


HC-KAR




     THIS      PETITION,        COMING        ON         FOR
PRELIMINARY HEARING, THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

                    ORAL ORDER

The petitioner is the complainant in CC No.309/2021 pending on the file of the District Consumer Disputes Redressal Commission, Bengaluru [for short the District Forum]. The petitioner's purported cause for the present petition is the second respondent's failure to file an Expert's Report. It is seen from the records that the District Forum had appointed, on an application by the petitioner, M/s NAL as an expert and with this Entity filing a Report that it does not have the necessary expertise, the District Forum has appointed the second respondent and has issued process for the Report.

-5-

NC: 2026:KHC:1142 WP No. 39780 of 2025 HC-KAR The learned counsel for the petitioner submits that though the warrant for the report is issued months back, the second respondent has not filed its report and therefore the petitioner is constrained to approach this Court. However, it is seen from the proceedings with the District Forum that the petitioner has remained absent for over a period of 10 to 12 months and no request is made with the District Forum for issuance of reminder or for issuance of other process for failure to file a Report. This Court is of the view that the petitioner must first avail remedy in this regard in the pending proceedings before the District Forum before this Court's jurisdiction is invoked. Therefore, the petition stands disposed of subject to all just exceptions in law.

Sd/-

(B M SHYAM PRASAD) JUDGE NV