IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.57772/2018 (GM-CON) Between:
M/s Arihant Clothings (P) Ltd. 1/1-4 (Old No.1/1-E) 4th Floor 7th Cross, New Gudadha Hally Mysuru Road, above Girias show room Bengaluru – 560 026 Represented by its Director Mr. Anuj Bhaiya ... Petitioner (By Sri. M.R.Narayan, Advocate) And The Senior Divisional Manager The Oriental Insurance Company Ltd. Divisional Office-12 Jayalakshmi Mansion, Second Floor No.1001/56, Dr. Rajkumar Road 4th Block, Rajaji Nagar Bengaluru – 560 010 ... Respondent This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order dated 29.11.2018 passed by the Bengaluru Urban II Additional District Consumer Disputes Redressal Forum; Bengaluru Urban District in consumer complaint No.409/2017 i.e., annexure-E and remand back the matter to the Bengaluru Urban II Additional District Consumer Disputes Redressal Forum, Bengaluru Urban District with a direction to pass a considered order within period that may be fixed by this hon’ble Court.
This writ petition coming on for Preliminary Hearing, this day, the court made the following:-
O R D E R The present writ petition is filed impugning the order dated 29.11.2018 in Consumer Complaint No.409/2017 on the file of II Additional District Consumer Disputes Redressal Forum, Shanthinagar, Bangalore. While acknowledging the petitioner as an alternative remedy, it is asserted that such alternative remedy is not an efficacious remedy because of the proceedings before the Appellate Forum would be time consuming. It is asserted that more than 100 matters are posted every day before the Appellate Forum. The appeals have a shelf life of over 10 years before the Appellate Forum. It is undisputable that these circumstances, even if it could be true which this Court seriously doubts, would not be a ground for this Court to exercise extraordinary jurisdiction under Article 226 of Constitution of India.
2. Therefore, this writ petition is disposed of reserving liberty to the petitioner to have recourse against the impugned order before the Appellate Forum as is permissible under relevant laws.
KA/-
SD/- JUDGE