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2025 DAILYLAW 16079 (JHR)

MR. ALOK (MANAGER), CHOLA MS GENERAL INSURANCE v. MR AMAMUL ANSARI

WPC/3236/2024 · 2025-08-13

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:23907 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3236 of 2024 ---- Mr. Alok (Manager), Chola Ms General Insurance, Office No.303, 3rd Floor, Tiwari Enclave, Circular Road, P.O., P.S. Lalpur, District-Ranchi-834001 represented through its Deputy Manager Vishal Kumar Sharma, S/o Mr. B. Sharma, aged about 34 years, resident of C/o M/s Cholamandalam MS General Insurance Co. Ltd., Shri Krishna Mathura Complex, 3rd Floor, Opp. Allahabad Bank, Circular Road, P.O GPO, P.S-Lalpur, District Ranchi …. …. Petitioner -Versus- Mr. Amamul Ansari, Son of Late of Rafique Ansari, r/o Villalge-Chandwe, P.O & P.S Pithoria, District-Ranchi, Jharkhand …. …. Respondent ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Ashutosh Anand, Advocate For the Respondent : Mr. Saurabh Kr. Das, Advocate ---- 06/Dated: 13th August, 2025 1. The present writ petition has been filed by the petitioner praying for quashing and setting aside the impugned order dated 03.05.2024 passed in Execution Case No.24 of 2023 (Annexure-4) by the District Consumer Disputes Redressal Commission, Ranchi whereby non-bailable warrant of arrest has been issued against the petitioner without following due procedure and without considering that a first appeal being First Appeal No.139 of 2023 is pending before the Jharkhand State Consumer Commission, Ranchi, which is unable to function for want of quorum. 2. Learned counsel for the petitioner has submitted that the petitioner has filed an appeal being First Appeal No.139 of 2023 which is still pending due to non-functional of the Forum. Since the quorum of the concerned appellate forum is not complete and practically it is not functioning, as such interest of justice demands that further 2025:JHHC:23907 2 W.P.C No.3236 of 2024 proceeding in connection with Execution Case No.24 of 2023 may be stayed till the disposal of First Appeal No.139 of 2023. 3. Learned counsel for the respondent has not raised any objection to the aforesaid prayer. 4. Having regard to the peculiar facts and circumstances of the case, since the appeal being F.A. No.139 of 2023 has been preferred by the petitioner against the impugned order dated 03.05.2024 passed by the District Consumer Disputes Redressal Commission, Ranchi in connection with Execution Case No.24 of 2023 and the same is still pending due to lack of quorum and the hearing of the said appeal has not been taken up, as such, interest of justice would be sufficed by directing the appropriate Forum to stay the further proceeding in Execution Case No.24 of 2023. 5. Accordingly, the learned District Consumer Disputes Redressal Commission, Ranchi is directed not to proceed in Execution Case No.24 of 2023 till the appeal being F.A. No.139 of 2023 is disposed of or at least the State Commission starts functioning in full capacity and dispose of the stay application filed before it is decided. 6. As a result, the instant writ application stands disposed of. 7. Pending I.A., if any, also stands closed. (Rajesh Kumar, J.) Raja/- Uploaded