C. HARI SHANKAR
Mohan Sakpal – Appellant
Versus
Abhay Goyal – Respondent
JUDGMENT
1. This petition, under Article 227 of the Constitution of India, is directed against an order dated 21st July 2022, passed by the learned National Consumer Disputes Redressal Commission 'the learned NCDRC') in Execution Application 39/2018 in Complaint Case 294/2015 (Abhay Goyal v. M/s A A Estate Pvt. Ltd.).
2. The impugned order reads as under:
'IA 6586 of 2022 (directions) Issue notice for 08.09.2022. All the Directors of the Judgment Debtor Company shall be present in person on the next date of hearing in view of the fact that despite the final order and despite taking adjournments for making the payment, no payment has so far been made. Meanwhile, report of the Collector shall also be called for. Copy of the application supplied to the learned Counsel for the Judgment Debtor.'
3. Mr. Arvind Nayar, learned Senior Counsel for the petitioners, submits that there was no warrant or justification for the learned NCDRC to direct the petitioners, who are the directors of M/s A A Estate Pvt. Ltd, (the respondents before the learned NCDRC) to appear in person.
4. He submits that attachment proceedings, toward execution of order dated 5th January 2018 passed by the learned NCDRC, are
Ahmedabad Mfg. & Calico Ptg. Co. Ltd. v. Ram Tahel Ramnand AIR 1972 SC 1598
Bathutmal Raichand Oswal v. Laxmibai R. Tarte AIR 1975 SC 1297
Celina Coelho Pereira v. Ulhas Mahabaleshwar Kholkar (2010) 1 SCC 217
Estralla Rubber v. Dass Estate (P) Ltd (2001) 8 SCC 97
Shub Karan Bubna v. Sita Saran Bubna (2009) 9 SCC 689 : (2009) 3 SCC (Civ) 820
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