Created by Fuzzy Cloud

Bombay High Court

ASHOK NAIKversusTHE REGISTRAR / SECRETARY, DISTRICT CONSUMER COMMISSION , DIMAPUR NAGALAND AND ORS

Decided
Disposal
Disposed Off

Holding

The Bombay High Court dismissed the writ petition, holding that it lacked jurisdiction and that the petitioner must pursue remedies before the appropriate consumer forum.

Summary

Ashok Naik filed a writ petition in the Bombay High Court seeking to quash the execution of an ex parte order and a bailable arrest warrant issued by the District Consumer Commission, Dimapur, Nagaland. He argued that the High Court had jurisdiction because the cause of action arose within its local limit and cited Supreme Court and Bombay High Court precedents. The respondents contended that the petitioner had adequate statutory remedies under the Consumer Protection Act, 2019 and should approach the appropriate forum or the jurisdictional High Court. The Court observed that the notice was served, albeit in a slightly incorrect name, and that no irretrievable prejudice existed as the warrant was bailable. It further held that the petitioner had efficacious remedies before the consumer forum and that the jurisdictional principle under Article 227 meant only the High Court of the forum’s region could entertain the petition. Consequently, the petition was dismissed as lacking jurisdiction.

Issues considered

  • Whether the Bombay High Court has jurisdiction to entertain the writ petition under Article 227.
  • Whether the petitioner can invoke writ jurisdiction despite the availability of alternative remedies under the Consumer Protection Act, 2019.
  • Whether the alleged mis‑service of notice (wrong name) vitiates the execution order and warrant.
  • Whether the issuance of a bailable warrant creates irretrievable prejudice justifying extraordinary relief.

Legislation cited

Subjects

  • jurisdiction
  • writ petition
  • consumer forum
  • execution order
  • Article 227
  • alternative remedy
  • service of notice
  • bailable warrant

Judgment

                                                                           906 WP-11420-26.DOC

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 11420 OF 2026


                   Ashok Naik                                                 ..Petitioner

                        Versus

                   The Registrar/Secretary, District Consumer
                   Commission, Dimapur, Nagaland & ors.                    …Respondents


                   Mr. Karan Adhik, i/b Mr. Kayval Shah, for the Petitioner.

                   Mr. A C Bhadang, AGP for Respondent - State.


                                             CORAM :         N. J. JAMADAR, J.
                                             DATE      :     09th SEPTEMBER 2026

SAINATH
SANJAY
BODKHE
                   ORDER :-
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.09.10
22:21:01 +0530

                   1.   Heard Mr. Karan Adhik, the learned counsel for the

                   petitioner, and Mr. Bhadang, the learned AGP for the State.

                   2.   By this petition, the petitioner seeks an order to quash

                   and set aside the execution of the purported ex parte order

                   passed by the District Consumer Forum, Dimapur, Nagaland in

                   CFD No.06/19 and a warrant of arrest issued by the said

                   District Commission in execution of the said order.

                   3.   Mr.   Adhik,   the   learned       Counsel   for    the   petitioner

                   submitted that, this Court would have the jurisdiction to

                   entertain the petition as the cause of action has arisen within

                   SAINATH                             1/4
                                                 906 WP-11420-26.DOC

the local limit of the jurisdiction of this Court. Reliance was

placed by Mr. Adhik on a judgment of the Supreme Court in the

case of Navinchandra N. Majithia Vs. State of Maharashtra &

ors.1, and a Division Bench judgment of this Court in the case

of Bhajan & anr. Vs. State of Maharashtra & ors2.

4.   Mr. Bhadang, the learned AGP, opposed the writ petition.

It was submitted that, the petitioner has the statutory remedies

before the Forums under the Consumer Protection Act, 2019

(“Act, 2019”) and, even otherwise, the petitioner can approach

the jurisdictional High Court if the petitioner intends to invoke

the writ jurisdiction despite the availability of the alternate

statutory remedy.

5.   From the perusal of the averments in the petition, it

becomes abundantly clear that, the service of the notice in the

consumer complaint and even the process in the execution

petition is not disputed though those processes were said to be

served on the petitioner in the wrong name of Ashok Nair

instead of Ashok Naik. In strict sense, the petitioner cannot

claim that, he has not been served with the process and the

orders came to be passed without service of notice/process.




1    (2000) 7 SCC 640
2    2021 SCC OnLine Bom 358
SAINATH                          2/4
                                                  906 WP-11420-26.DOC

6.   Secondly, this Court finds there is no element of the

irretrievable prejudice as the District Consumer Commission

has issued bailable warrant addressed to the Police Inspector,

Byculla Police Station. Under the said warrant, the petitioner

has been directed to be released on bail on the condition of

appearing before the District Consumer Commission, upon

furnishing a surety in the sum of Rs.10,000/-.

7.   Thirdly, this Court finds that, the petitioner has the

efficacious remedies before the forums constituted under the

Act, 2019. The reasons ascribed in the petition do not justify the

invocation of the writ jurisdiction despite the availability of the

statutory remedies.

8.   Lastly, in the view of this Court, the principle enunciated

in the case of Navinchandra Majithia (supra), does not govern

the facts of the case at hand as the challenge is essentially to an

order passed by the quasi judicial authority which is amenable

to the supervisory jurisdiction of the Gauhati High Court.

Ordinarily, only the High Court within whose jurisdiction the

order of the subordinate Court/Tribunal has been passed would

have the jurisdiction to entertain a petition under Article 227 of

the Constitution. Prima facie, it does not appear that, the cause

of action has arisen within the jurisdiction of this Court.


SAINATH                           3/4
                                                  906 WP-11420-26.DOC

9.    Resultantly, the petition does not deserve to be entertained

by this Court.

10.   The Writ Petition, thus, stands disposed with liberty to the

petitioner to work out his remedies before the appropriate

Forum/Court.



                                        [N. J. JAMADAR, J.]




SAINATH                           4/4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.