Back
HIGH COURT OF GUJARAT
ANIRUDDHA P. MAYEE, J
NURJAHAN IBRAHIM MAHMADD LOTIYA – Appellant
Versus
MAYURBHAI BIPINBHAI RANA – Respondent
| Table of Content |
|---|
| 1. counsel for the petitioner (Para 4 , 5) |
| 2. order passed in the (Para 6) |
ORDER :
2. The present Special Civil Application has been filed praying for the following reliefs :-
B. The Hon’ble Court may be further pleased to consider that the judgment/order of the Ld. Gujarat State Commission, Ahmedabad in AEA No. 15/2024 dated 22/10/2024 (Annexure A) is illegal, wrong and be further be pleased to quash and set aside the impugned judgment/order and/or modify the same considering the merits of the case.
D. As an ad-interim ex part relief, the Hon’ble Court may stay the judgment/order of the Ld. Gujarat State Commission, Ahmedabad in AEA No. 15/2024 dated 22/10/2024 (Annexure A) and the judgment/order in Execution Petition No. 35/2024 dated 02/07/2024 of the Ld. Bharuch District Consumer Redressal Commission (Annexure B) until final adjudication of the present petition.
3. The brief facts in the present case are that the respondent complainant had filed the consumer complaint No.24/2015 under the Consumer Protection Act, 1986, which came to be decided in favour of the complainant by the order dated 27.10.2016 and the petitioner was directed to pay Rs.10,00,000/- with interest
Execution of consumer complaint orders can proceed despite pending appeals if no stay is granted, emphasizing compliance with prior orders.
“When a conditional stay is passed, it is for the applicant to fulfil the conditions or not.”
No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
The main legal point established in the judgment is that cognizance cannot be taken against a party who was not involved in the original complaint and against whom no order was passed by the consumer....
(1) Judgment Debtors did not comply with the order of the State Commission and failed to personally appear before the State Commission, except once.(2) Judgment Debtors repeatedly approached this Com....
Appeal Execution – The impugned Order against which the present Appeal Execution has been filed cannot be termed to be an Order passed under Section 17 of the Consumer Protection Act, 1986 at all.
The execution of orders by a Consumer Forum must comply with statutory procedures under the Consumer Protection Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
