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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 :
1. Heard the learned counsel for the petitioner.
2. The present Special Civil Application has been filed praying for the following reliefs :-
“A. Be pleased to admit and allow this petition.
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.
C. The Hon’ble Court may be further pleased to dismiss the judgment/order in Execution Petition No.37/2024 dated 02/07/2024 of the Ld. Bharuch District Consumer Redressal Commission (Annexure B) and thereby allowing the application of the petitioner to dismiss the said execution petition.
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
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.
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