IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT PETITION NO. 33769 OF 2025 (GM-CON)

BETWEEN:

1. M/S PRABHAVATHI DEVELOPERS

OFFICE AT NO. 105, 9TH MAIN,

S R NAIDU LAYOUT,

OPP TO GOLDEN APARTMENTS,

HONGASANDRA, BENGALURU 560068,

REPRESENTED BY ITS MANAGING PARTNER,

PRAVEEN KUMAR B E.

…PETITIONER

(BY SRI. MANOHAR G., ADVOCATE)

AND:

1. RIYA DUTTA

D/O DEBABRATA DUTTA, AGED ABOUT 27 YEARS,

RESIDING AT MANIMA -2 15A,

13TH CROSS, MARUTHI LAYOUT,

BHUBANESWARI NAGAR,

DASARAHALLI MAIN ROAD,

KEMPAPURA HEBBALA,

BANGALORE 560 024

…RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN ORDER OR DIRECTION, SETTING ASIDE THE ENTIRE EXECUTION PROCEEDINGS AS NOT MAINTAINABLE IN EXECUTION PETITION NO.45/2020 (IN COMPLAINT NO.

101/2017) PENDING ON THE FILE OF THE HON'BLE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AT BENGALURU (ADDITIONAL BENCH), AGAINST THE PETITIONER, VIDE ANNEXURE-C TO SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE OF PROCESS OF COURT, 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 MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ petition has been filed for quashing of the order passed in Execution Petition No.45/2020 in Complaint No.101/2017 by the Karnataka State Consumer Disputes Redressal Commission, Bengaluru. The complainant is challenging the entire execution proceedings itself.

2. Learned counsel for the petitioner submits that in the said complaint, M/s. Prabhavathi Developers was not a party and only the Managing Director was made a party and therefore, no execution proceedings could have been instituted against the Company or the Partnership Firm, which is M/s. Prabhavati Developers, inasmuch as the partners of the firm are the Directors of M/s.

Prabhavati Developers.

3. We have no option but to reject the preposterous submissions advanced by the learned counsel for the petitioner. The Joint Development Agreement was executed on behalf of M/s. Prabhavati Developers by the Managing Director. Since the Managing Director has represented the Company in the Joint Development Agreement, the Company was impleaded through the Managing Director, in the complaint. We, therefore, dismiss this writ petition.

Digitally signed by DINESH

KUMAR SINGH Location: HIGH COURT OF KARNATAKA (D K SINGH)

JUDGE Digitally sig ned by TARA VITASTA GANJU Location: HIGH COURT OF KARNTA KA (TARA VITASTA GANJU)

JUDGE RKA List No.: 1 Sl No.: 6