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1994 Supreme(Del) 836

ARUN B.SAHARYA, M.S.A.SIDDIQUI
BY FORD LEASING LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.BABBAR, B.M.RAO, P.C.Khanna, SHIVINDER CHOPRA

Mr. Arun B. Saharya, J.

( 1 ) BY this petition under Article 226 of the Constitutionof India the petitioner-company is challenging the impugned order dated 20/24. 5. 1994 (Annexure-D) made by the State Commission (Consumer Disputesredressal Commission) Delhi dismissing the petitioner s application filed in theproceedings initiated against the petitioner/company under Section 27 of theconsumer Protection Act, 1986 (hereinafter REFERRED TO to as "the Act)".

( 2 ). It is also prayed that the complaint of respondent No. 3 made against thepetitioner/company as well as the warrants issued by the State Commission forthe arrest of the Chairman of the petitioner company by the impugned order bequashed.

( 3 ). Further, it is prayed that a declaration be issued that Section 27of the Actis ultra virse and, that in the alternative the proceedings under Section 27 of the Actare governed by the procedure prescribed in the Code of Criminal Procedure byvirtue of the provision made in Section 4 of Sub-section 2 of the said Code.

( 4 ). The Writ Petition is opposed on behalf of respondent No. 3 on all counts, inaddition to the plea that the petitioner has got an alternative remedy by way of anappeal












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