Dismissed

Bhagwati Infrastructure a Partnership Firm Thr. Virendra Vijay Butolia and 2 v. State of Mah. Thr. Commissioner of Police Nagpur City Nagpur Civil Lines Nagpur and 2 Others

Bombay HC1 Apr 2022WP/210/2022

Case brief

AI extract

What is this about?

Nagpur Bench dismissed a writ petition challenging an order directing petitioners to execute a sale deed. The court held consumers have a statutory alternative remedy under the Consumer Protection Act. It granted liberty for petitioner No.2 to file a bail application before the State Commission.

What did the court decide?

Liberty granted to petitioner No.2 to file a bail application before the State Commission.

Bhagwati Infrastructure a Partnership Firm Thr. Virendra… — Consumer Protection | Bombay HC (2022)

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wp210.22 2

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

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CRIMINAL WRIT PETITION NO.210/2022 Bhagwati Infrastructure A Partnership Firm, thr.its Managing Partner and anr ..vs.. State of Mah., thr.Commissioner of Police Nagpur City, Nagpur, Civil Lines, Nagpur and ors

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................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders

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................................................................................................................................................................... Shri S.I.Khan, Counsel for Petitioners. Shri M.K.Pathan, Addl.P.P. for the State.

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CORAM: V.M.DESHPANDE &
 AMIT B.BORKAR, JJ.
DATED: APRIL 01, 2022.

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1.Heard learned counsel Shri S.I.Khan for petitioners and
learned Additional Public Prosecutor Shri M.K.Pathan for the State.

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2. By this writ petition, under Articles 226 and 227 of the
Constitution of India, petitioners challenge judgment and order
passed by the State Consumer Disputes Redressal Commission
Maharashtra, Nagpur Circuit Bench, Nagpur directing petitioners to
execute sale deed in favour of complainant.

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Having considered statutory scheme of Consumer Protection Act, we are of opinion that petitioners have statutory alternative remedy to challenge the said order.

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Insofar as prayer for release of petitioner No.2 on bail is concerned, petitioner No.2 shall have liberty to file a bail application before the State Commission and if such application is filed, the State Commission shall decide the said bail application in accordance with law as expeditiously as possible.

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JUDGEJUDGE

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Digitally signed !! BRW !! by BHUSHAN RANA BHUSHAN WANKHEDE RANA Date: WANKHEDE 2022.04.01 13:56:56 +0530

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...../-

Bhagwati Infrastructure a Partnership Firm Thr. Virendra Vijay Butolia and 2 v. State of Mah. Thr. Commissioner of Police Nagpur City Nagpur Civil Lines Nagpur and 2 Others

Case brief

What is this about?

What did the court decide?

Bhagwati Infrastructure a Partnership Firm Thr. Virendra Vijay Butolia and 2 v. State of Mah. Thr. Commissioner of Police Nagpur City Nagpur Civil Lines Nagpur and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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