The court can order attachment and sale of properties under Section 25 of the Consumer Protection Act if the decretal amount is due and payable, and there is no stay from a higher court on the proceedings.

ORDER

Mrs. Sandra Vaz e Correia, Presiding Member - This order shall dispose of application preferred by the decree holders under Section 25 of the Consumer Protection Act for execution of order dated 16.3.2003 in Complaint No. 30/1999 modified by the Hon'ble National Commission F.A No. 820 of 2003.

2. The Hon'ble National Commission by its order dated 6.2.2006 in F.A. No. 820 of 2003 held the respondent Nos. 3 and 4 (judgment debtor Nos. 3 and 4) liable jointly along with the respondent Nos. 1 and 2 (judgment debtor Nos. 1 and 2) to reimburse the complainants (decree holders) the sum of Rs. 14,12,500 with interest at the rate of 12% per annum from 6.5.1997 till date of payment and also pay compensation of Rs. 50,000 to each of the complainants.

3. According to the Decree Holder, an aggregate amount of Rs. 22,74,102.90 is due and payable by the Judgment Debtor as on 30.3.2009.

4. Upon being noticed, the Judgment Debtor Nos. 1 and 2 entered their reply contending inter alia that the Hon'ble National Commission in its order dated 6.2.2006 had made it amply clear that no liability could be fastened on them and that persons who were not part of the original litigation were made parties in execution. This Commission, by its order dated 23.8.2007 rejected the plea of these judgment debtors for discharge from these proceedings.

5. Judgment debtor Nos. 3 and 4 contested the execution and entered their reply. They contend that the directors of the companies arraigned as parties were not personally liable for the debts of the company and the decree could not be executed against them personally. They further contended that SLP had been filed in the Hon'ble Supreme Court with prayer to stay these execution proceedings.

6. The decree holders moved an application dated 29.9.2008 for attachment and sale of certain immovable properties of the judgment debtor Nos. 3 and 4, the list whereof is as follows:

(a) Tourist resort in name of Phoenix Park Inn situated at Sequeira Vaddo, Candolim, Goa-403515.

(b) Registered office of judgment debtor Nos. 3 and 4 at Durga Bhawan, Hede Centre, Tonca, Panaji.

(c) Building constructed on plot No. 226/8A admeasuring 705 square metres situated at Sequeira Vaddo, Candolim, Goa-403 515.

(d) Building constructed on plot No. 226/10 admeasuring 425 square metres situated at Sequeira Vaddo Candolim Goa-403 515.

(e) Building constructed on plot No. 226/8 situated at Sequeira Vaddo Candolim, Goa-403 515.

(f) All the movable properties i.e. air-conditioners, furniture, computers, fridge, account banks, etc. lying at the tourist resort in the name of Phoenix Park Inn, part of Sarovar Park, Plaza Resort at Sequeira Vaddo Candolim, Goa.

(g) Freeze Bank accounts and attach income accrued from Phoenix Park Inn part of Sarovar Park Plaza Resort situated at Sequeira Vaddo Candolim, Goa-403 515.

7. The Hon'ble National Commission, by its order dated 27.8.2008 in R.P. Nos. 3384 of 2007 and 3385 of 2007 and F.A. No. 578 of 2007, has directed this Commission to execute the order dated 6.2.2006 against the respondent Nos. 3 and 4 (judgment debtor Nos. 3 and 4 herein) and implement the same preferably within three months.

8. We heard Mr. N.G. Kamat on behalf of the decree holders, Mr. A. Monteiro on behalf of the judgment debtor Nos. 1 and 2 and Smt. P. Prabhu on behalf of the judgment debtor Nos. 3 and 4 and gave due consideration to the submissions advanced by them.

9. Admittedly, decretal amount of Rs. 22,74,102.90 is due and payable by the judgment debtors as on 30.3.2009. An amount of Rs. 19,00,000.00 has been paid against the outstanding amount of Rs. 41,74,102.90. There is no stay of any higher Court on these proceedings, in fact there are directions of the Hon'ble National Commission to execute its modified order against the judgment debtor Nos. 3 and 4 and implement within three months. The decree holders have indicated specific assets of the judgment debtor Nos. 3 and 4 available for attachment and sale. In our opinion, this is a fit ca