Writ petition challenging issuance of NBWs against petitioner officials. Court discharged warrants upon undertaking to deposit 50% of awarded amount and directed expeditious consideration of pending review application.
NBWs against petitioners discharged upon undertaking to deposit 50% of awarded amount within one week.
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RITA MALHOTRA & ORS. .....Respondents Through: Mr. Swayam S. Pahi, Adv. for R-1 and 2.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 01.05.2025
W.P.(C) 5688/2025 and CM APPL.25985/2025 (Stay)
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agony and Rs. 25,000/- as litigation costs to the respondent nos.1 and 2. 3. Against the final order, the petitioner on 01.07.2024 under Section 40 of the Consumer Protection Act, 2019, preferred a review application before the District Commission. While the said review application was pending, respondent no.3 on 15.07.2024 preferred an appeal (FA No.499/2024) against the final order before the State Consumer Dispute Redressal Commission (hereinafter referred as “the State Commission”). 4. Subsequently, while the aforesaid appeal and application were pending, the respondent nos. 1 and 2 filed an Execution Application bearing no.85/2024 before the District Commission. 5. It is submitted that on account of the appeal against the final order pending before the State Commission, the District Commission on 25.09.2024 deferred the hearing of proceedings in review application and renotified the execution application. It is pointed out that vide order dated 08.08.2024 and 25.09.2024, the District Commission had directed listing of the aforesaid applications together, however, due to some inadvertent error the execution application was listed separately on 17.03.2025 (impugned order) and resultantly the petitioner remained unrepresented on the said date. In the aforesaid conspectus, on the said date, the District Commission issued NBWs against the officers of the petitioner on the premise that the petitioner failed to comply with the directions contained in the final order.
This is a digitally signed order.
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available) the matter was simply renotified for 02.05.2025. In the aforesaid circumstances, the present petition has been filed by the petitioner.
This is a digitally signed order.
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MAY 1, 2025/ cl SACHIN DATTA, J
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The Order is downloaded from the DHC Server on 02/05/2025 at 12:28:02
This is a digitally signed order.
2 issues framed by the court
Whether the Non Bailable Warrants issued against the petitioner should be discharged pending review.
Whether the undertaking to deposit 50% of the decretal amount warrants discharge of warrants.
Anand Rathi Global Finance Ltd
Rita Malhotra
Others
Sachin Datta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
