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Madras High CourtWP/36030/2025dismissed

Homegenie Building Products Private Limted v. The President

2025-09-18Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.40274, 40276 & 40280 of 2025 Homegenie Building Products Private Limited, Rep. by Legal Manager Mr.Lokesh, S.No.51 (Part) 75 Cents, Kandamapuram Service Road, Subramaiyar Koil Street, Vanagaram, Chennai - 600 095.

... Petitioner Vs.

1.The President, District Consumer Disputes Redressal Commission, Chennai (North), Chennai - 600 003.

2.Hari Raj 3.The Commissioner of Police, Greater Chennai Police, 132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

4.The Inspector of Police (L & O), T - 5 Vanagaram Police Station, Chennai.

... Respondents Page No.1 of 6

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the impugned notice dated 01.09.2025 in E.A.No.10/2023 in C.C.No.118/2015 on the file of District Consumer Disputes Redressal Commission, Chennai (North), Chennai - 3, the 1st respondent herein and quash the same.

For Petitioner : Mr.S.Vijay Anand for M/s.S.Vinodha For Respondents : Mrs.S.Anitha Special Government Pleader [R1] Notice dispensed with [R2] Mr.S.Balaji Government Advocate (Crl.Side) [R3 & R4] *****

ORDER

The petitioner has come forward with this Writ Petition seeking for a Writ of Certiorari, to call for the records of the impugned notice dated 01.09.2025 in E.A.No.10/2023 in C.C.No.118/2015 on the file of District Consumer Disputes Redressal Commission, Chennai (North), Chennai - 3, the 1st respondent herein and quash the same.

2. Since no adverse order has been passed against the 2nd respondent, notice to the 2nd respondent is dispensed with. Page No.2 of 6

3. Mrs.S.Anitha, learned Special Government Pleader accepts notice on behalf of the 1st respondent and Mr.S.Balaji, learned Government Advocate (Crl.Side) accepts notice on behalf of the respondents 3 and 4. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The petitioner's company, namely Homegenie Building Products Pvt. Ltd. has been incorporated under the Companies Act and running from the date of incorporation i.e., from 27.11.2015 to till now. Whileso, on 08.09.2025, the officials of the 4th respondent forcibly served the impugned notice dated 01.09.2025 to the petitioner stating that the 2nd respondent has filed a complaint against the petitioner. Challenging the same, the petitioner has filed the above writ petition before this Court.

5. Heard the learned counsel for the parties and also perused the materials available on record.

Page No.3 of 6

6. It is the contention of the petitioner that they have nothing to do with the complaint filed by the 2nd respondent and the 2nd respondent has filed complaint only against M/s.Color Homes Genie Building Products Pvt. Ltd., not against the petitioner herein. Hence, the impugned summon is liable to be quashed.

7. On the other hand, the learned Special Government Pleader appearing for the respondents contended that the earlier in the very same address of the petitioner, M/s.Color Home Genir Building Products Pvt. Ltd. was running, against the said company, the 2nd respondent has filed a complaint in C.C.No.118 of 2015 and the same was ordered in favour of the 2nd respondent, directing the above said company to pay a sum of Rs.5,35,950/- to the 2nd respondent. In order to receive the said decreetal amount, the 2nd respondent has filed E.A.No.10 of 2023 in C.C.No.118 of 2015. Subsequently, the petitioner is running business in the very same address by changing the company's name as Homegenie Building Products Private Limited. In order to enforce the order passed in C.C., the 1st respondent has issued the impugned summon to the petitioner, which cannot be said perverse, illegal or arbitrary. Hence, this Court is Page No.4 of 6

not inclined to interfere with the same and this writ petition is liable to be dismissed.

8. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to workout the remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed.

18.09.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The President, District Consumer Disputes Redressal Commission, Chennai (North), Chennai - 600 003.

2.The Commissioner of Police, Greater Chennai Police, 132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

3.The Inspector of Police (L & O), T - 5 Vanagaram Police Station, Chennai.

Page No.5 of 6

M.DHANDAPANI, J.

sp 18.09.2025 Page No.6 of 6