The Central Board Of Trustees vs Mr. Gopal S Hebballi
2022 Latest Caselaw 5562 Kant

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                                                 WA No. 100127 of 2022


                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 28TH DAY OF MARCH, 2022

                                       PRESENT
                    THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                          AND
                       THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                       WRIT APPEAL NO. 100127 OF 2022 (GM-RES)
                BETWEEN:

                   THE CENTRAL BOARD OF TRUSTEES
                   EMPLOYEES P F ORGANISATION
                   BY THE ASSISTANT P F COMMISSIONER (LEGAL)
                   BHAVISHYA NIDHI BHAVAN
                   BEHIND INCOME TAX OFFICES
                   NAVANAGAR, HUBBALLI-580025

                                                           ...APPELLANT
                (BY SRI. P V GUNJAL, ADVOCATE)

                AND:

                   MR. GOPAL S HEBBALLI
                   AGE. 70 YEARS,
                   S/O. OF MR SANKARAPPA HEBBALLI PADADAYYAN
                   HAKKAL, NEAR KALYAN MANTAP
                   BEHIND NEW ENGLISH HIGH SCHOOL,
Digitally          OLD HUBBALLI-580024
signed by
JAGADISH T                                               ...RESPONDENT
R
Location:            THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
High Court of   COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO SET
Karnataka,      ASIDE THE JUDGMENT DATED 12TH JAN 2022, PASSED BY THE
Dharwad         LEARNED SINGLE JUDGE OF THIS HON BLE COURT IN WP
                100742/2021 (GM-RES) AS PER ANNEXURE-A HERETO.
                     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
                HEARING, THIS DAY, S. SUNIL DUTT YADAV J., PASSED THE
                FOLLOWING:
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                                             WA No. 100127 of 2022


                            ORDER

This appeal has been filed challenging the order dated 12.1.2022 passed in WP No.100742/2021, wherein the learned Single Judge had disposed off the said writ petition granting liberty to the petitioner to take specific defence as regards maintainability of the complaint before the District Consumer Forum. Further, the learned Single Judge had directed that question of maintainability if taken up would be decided at the first instance before the complaint is decided on merits.

We find that the approach of the learned Single Judge is just and proper and question of maintainability if raised ought to be decided by the District Consumer Forum, subsequent to which redressal as against adverse finding is to be availed of as per law. Accordingly, we find no merit in the writ appeal and same stands dismissed.

Pending applications, if any, do not survive for consideration, and accordingly, they are disposed off.

Sd/-

JUDGE

Sd/-

JUDGE JTR