Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 131473 (ALL)

COLONEL D.K. SINGH v. STATE CONSUMER DISPUTES REDRESSAL COMMISSION U.P. THRU. ITS REGISTRAR AND 2 OTHERS

A227/1852/2025 · 2025-04-18

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:22145 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1852 of 2025 Petitioner :- Colonel D.K. Singh Respondent :- State Consumer Disputes Redressal Commission U.P. Thru. Its Registrar And 2 Others Counsel for Petitioner :- Saurabh Shankar Srivastava,Dilip Singh Counsel for Respondent :- Ratnesh Chandra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 27.01.2025 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow in Execution Appeal No. 2 of 2025. The said appeal was filed challenging the order dated 23.11.2024, whereby non bailable warrants were issued by the District Forum for execution of the award passed in favour of the petitioner. 3. The contention of the counsel for the petitioner is that no appeal lies against an order passed in execution before the State Consumer Forum. He further argues that in any case, there was no reason for passing the order dated 27.01.2025 whereby even the execution proceedings were stayed. 4. Sri Ratnesh Chandra, learned counsel appearing on behalf of the respondent argues that the order impugned is an interlocutory order and does not require any interference at this stage. He further argues that State Commission or the District Commission has no power to issue non bailable warrant, as has been done. 5. Considering the said submission, the first submission of the counsel for the petitioner is that State Forum had no jurisdiction to entertain the appeal against an order for issuance of non bailable warrant, cannot be accepted for the sole reason that in terms of the provisions contained in Section 47(1)(iii) of the Consumer Protection Act and even under Section 47(1)(b), The State Forum is well and duly empowered to entertain an appeal against any order of the District Forum or can exercise power of revision under Section 47(1)(b) of the Act, thus to that extent, the submission deserves to be rejected. However, insofar as it stays the execution, the same deserves indulgence as the complaint was filed in the year 2010 and was decreed in the year 2021, it is directed that the execution as filed by the petitioner and pending before the District Forum shall be executed expeditiously in accordance with law. The order dated 23.11.2024, whereby the non bailable warrants were issued is also quashed. The execution shall proceed and shall be decided in accordance with provisions of the CPC with all expedition. 6. In view of the above, the writ petition is dismissed. In view of the order passed, the appeal preferred by the Lucknow Development Authority being Appeal No. 2 of 2025 is rendered infructuous. Order Date :- 18.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench