IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38432 OF 2025 (GM-CON)

BETWEEN:

K S JAYASIMHA

S/O LATE K V SAMPATH AGED ABOUT 65 YEARS

RESIDING AT NO 286, DEFENSE LAYOUT,

VIDYARANYAPURA,

BANGALORE 560097

…PETITIONER

(BY SRI. NAVEEN B H., ADVOCATE)

AND:

1. THE ASST REGISTRAR CUM

ASST. ADMINISTRATIVE OFFICER

BANGALORE URBAN

2^ND ADDL DISTRICT CONSUMER

DISPUTE REDRESSAL COMMISSION

Digitally signed 1^ST FLOOR, BMTC B BLOCK, by SHWETHA TTMC BUILDING, K H ROAD,

RAGHAVENDRA

SHANTHINAGAR, BANGALORE 560027

Location: HIGH

COURT OF

KARNATAKA 2. THE STATION HOUSE OFFICER

VIDYARANYAPURA POLICE STATION

BANGALORE

3. TATA CAPITAL FINANCIAL SERVICES LTD

REGENT SUNNY SIDE NO 581

GROUND FLOOR, 80 FEET ROAD,

8^TH BLOCK, KORAMANGALA

BANGALORE 560095

THE BRANCH MAAGER

…RESPONDENTS

(BY SRI. SIDARTH BABURAO., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH ARREST NOTICE DTD. 21.11.2025 ISSUED BY THE R-1 IN CONSUMER COMPLAINT NO. 568/2013 ON THE FILE OF THE 2ND ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BANGALORE AND ETC.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. To issue a writ of Certiorari and quash Arrest notice dated 21.11.2025 issued by the R1 in Consumer Complaint No.568/2013 on the file of the 2^nd Addl. District Consumer Disputes Redressal Commission, Bangalore.

b. Consequently, quash Non Bailable Arrest Warrant dated 02.12.2025 issued in Consumer Complaint No.568/2013 by the 2^nd Addl. District Consumer Disputes Redressal Commission, Bangalore.

c. Pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the instant case, in the interest of justice and equity.

2. An arrest notice had been issued by the II Additional District Consumer Disputes Redressal Commission, Bangalore in Consumer Complaint No.568/2013 on account of the petitioner not having complied with order dated 11.9.2025 and a subsequent notice was issued on 12.09.2025 to refund the amount of Rs.6,70,839/-. The said arrest notice is in fact worded as a show cause notice calling upon the petitioner to appear before the Commission on 01.12.2025 without fail and to show cause as to why action shall not be taken against him for offence punishable under Section 72 of the Consumer Protection Act, 2019 failing which non-bailable warrant would be issued against him. The learned counsel for the petitioner contends that along with the said arrest notice, a non-bailable arrest warrant had also been attached indicating that action under Section 72 of the Consumer Protection Act, 2019 would be taken.

3. The learned counsel for the petitioner submits that both the arrest notice and non-bailable arrest warrant had been affixed on the house of the petitioner which the petitioner came to know subsequently and therefore, the petitioner has approached this Court.

4. Be that as it may, the petitioner now contends that the petitioner is willing to make payment of a sum of Rs.6,70,839/-. The petitioner submits that a review petition having been filed before the State Commission, he would be filing a recall application before the District Forum.

5. In that view of the matter, taking into consideration that the petitioner is willing to deposit the aforesaid amount of Rs.6,70,839/- within two days, the operation of the non-bailable arrest warrant is stayed (subject to the said deposit being made by 20.12.2025) until the consideration of the recall application filed by the petitioner.

6. With the above observations, the Writ Petition stands disposed

7. Needless to say if the deposit is not made within two days, the above order would stand automatically recalled.

Hand delivery ordered.

SD/-

(SURAJ GOVINDARAJ)

JUDGE PRS List No.: 4 Sl No.: 3