Disposed

Sushil Ansal v. Ankur Dhawan & Anr.

Delhi HC21 May 2025CM(M)/948/2025

Case brief

AI extract

What is this about?

Petitioners challenged a District Consumer Commission execution order issuing non-bailable warrants against them and recovery directions over an unpaid refund decree. On their assurance to appear before the Commission, warrants were recalled and the petitions disposed of.

What did the court decide?

Non-bailable warrants recalled; petitions to appear before District Commission on 27.05.2025; appeals to be withdrawn.

Sushil Ansal Vs Ankur Dhawan & Anr. — Consumer Protection | Delhi HC (2025)

¶1

$~55&57

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of Decision: 21st May, 2025 + CM(M) 948/2025, CM APPL. 31076/2025 & CM APPL. 31077/2025 SUSHIL ANSAL .....Petitioner Through: Mr.Malak Bhatt with Ms. Neeha Nagpal and Mr. Saahil Bahety, Advocates.

¶4

versus

¶5

ANKUR DHAWAN & ANR. .....Respondent Through: Mr. Kirti Uppal, Sr. Advocate with Mr. Gaurav Rathor and Ms. Astha Dhawan, Advoates.

¶6

¶7

- CM(M) 950/2025, CM APPL. 31080-31081/2025 PRANAV ANSAL .....Petitioner Through: Mr.Malak Bhatt with Ms. Neeha Nagpal and Mr. Saahil Bahety, Advocates.

¶8

versus

¶9

ANKUR DHAWAN & ANR. .....Respondent Through: Mr. Kirti Uppal, Sr. Advocate with Mr. Gaurav Rathor and Ms. Astha Dhawan, Advoates.

¶10

CORAM:

¶11

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

¶12

Both the petitions have been taken up together.

¶13

The impugned order is dated 01.05.2025 and has been passed by by ld. District Consumer Disputes Redressal Commission (hereinafter referred to as District Commission ) while taking up Execution Petition registered as EX No. 133/2024. Such order reads as under:-

¶14

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 1.05.2025 18:24:28

¶15

CM(M) 948/2025& CM(M) 950/2025 1

¶16

“Present: Mr. Gaurav Rathor, Counsel for DH Ms. Saloni, counsel for the JD.

¶17

ORDER

¶18

A decree was passed by this Commission on 06.08.2024 thereby directing the JD/OPs to refund Rs.14,81,904.45 with interest @ 9% per annum from the date of respective deposits till realization within 4 weeks.

¶19

Since the JD has failed to comply with the Decree, the DH has approached this Commission through the present execution application.

¶20

Notice was issued to the JD on 10.12.2024. On 10.01.2025, the counsel for the JD sought time to file compliance report. The JD has not complied with the order. In view of the facts and circumstances of the present case, it is directed that Non-bailable Warrants be issued against the MD /Directors of the JD, returnable on 27.05.2025. The Registry shall also issue RC to the SDM concerned to recover the decreetal amount from the JD and deposit the same with this Commission.

¶21

List on 27.05.2025.”

¶22

Learned Senior Counsel for respondent/Decree-Holder appears on advance notice.

¶23

During course of the arguments, learned counsel for the petitioners Mr. Sushil Ansal and Mr. Pranav Ansal submitted that, without prejudice to their rights and contentions, they both would appear before the learned District Commission on 27.05.2025 and would render due assistance and cooperation to the learned Executing Court.

¶24

It is also submitted that, though, petitioner Mr. Sushil Ansal is eighty five years old, he would still appear before the learned District Commission on said date and would also make request for his exemption from personal appearance while undertaking that his counsel would render full assistance and corporation to the learned District Commission.

¶25

Learned counsel for petitioner has also submitted that the impugned order was challenged by him, by filing an appeal before the Delhi State

¶26

Signature Not Verified

¶27

CM(M) 948/2025& CM(M) 950/2025 2

¶28

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 1.05.2025 18:24:28

¶29

Consumer Disputes Redressal Commission. However, since they did not get any early date of hearing there and since the warrants were looming large on their head, they were compelled to file present petitions. It is submitted that in view of the abovesaid relief granted to them, the petitioners would also withdraw their such appeals. Let these be withdrawn accordingly.

¶30

On the basis of such assurance given at the Bar by Shri Malak Bhatt, learned counsel for the petitioner, Shri Kirti Uppal, learned Senior Cousnel for Decree-Holder, on instructions, submits that he would have no objection if non-bailable warrants are recalled, for the time being. 8. Both the petitions stand disposed of with directions to petitioners to appear before the learned District Commission on 27.05.2025. Non-bailable warrants also stand recalled.

¶31

Once the petitioners appear before the learned District Commission, it will be upto the learned District Commission to consider any application moved by them and then to pass appropriate order in accordance with law. 10. Petitions stand disposed of in aforesaid terms.

¶32

A copy of this order be given dasti under the signatures of Court Master.

¶33

(MANOJ JAIN) JUDGE

¶34

MAY 21, 2025/ sw/PB

¶35

Signature Not Verified

¶36

CM(M) 948/2025& CM(M) 950/2025 3

¶37

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 1.05.2025 18:24:28

Sushil Ansal v. Ankur Dhawan & Anr.

Case brief

What is this about?

What did the court decide?

Sushil Ansal v. Ankur Dhawan & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chain Sukh Pal Vs Shiv Charan Goel

M/S Consolidated Construction Ltd. Vs Gsc Glass Pvt. Ltd.

Sanjay Vs Pallavi Sharma & Ors.

Kdp Buildwel Pvt. Ltd. through Its Director Vs Mr. Deepak Kumar Tomar

M/S Cosmic Orange Infraventures Pvt. Ltd. Vs L. Subramainam & Anr.

Shatrughan Prasad and Ors. Vs Rupan Jain and Ors.

Sh Bhagwat Singh Vs New India Assurance Company Limited & Anr.

Gobind Ram Vs Sunny Wadhwa & Ors. & Ors.

Chain Sukh Pal Vs Shiv Charan Goel

M/S Consolidated Construction Ltd. Vs Gsc Glass Pvt. Ltd.

Sanjay Vs Pallavi Sharma & Ors.

M/S Space Infra Consulting Pvt. Ltd. Vs Sh. Atul Mittal

Ram Bharose Vs Shakuntala & Anr.

Sushil Ansal Vs Priti Pal Singh Ahuja through Its Legal Heirs