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SHAJI P. CHALY
John Jacob – Appellant
Versus
Anil Davidson – Respondent
JUDGMENT :
This writ petition is filed by the petitioners seeking the following directions:
(2) Issue an order or direction directing the State Consumer Disputes Redressal Commission to recall the non-bailable warrant dated 31-05-2022 issued against the Petitioners
(3) Issue a direction directing the 3rd respondent to conduct EP No.14 of 2017 in CG No.84 of 2016 pending before the State Consumer Redressal Commission on behalf of the Corporate Debtor by virtue of Section 17 of the Code.
2. Brief material facts for the disposal of the writ petition are as follows: petitioners were the Managing Director and Director, respectively, of M/s. Samson and Sons Builders and Developers Pvt. Ltd., which is engaged in the construction of multistoried residential and commercial complexes. According to the petitioners, while the projects were in different stages of construction, due to financial stringency and various other reasons, the company could not complete the projects as agreed upon with the purchasers. The
Insolvency proceedings against a company do not necessarily halt personal liability for directors if they are parties in person before consumer dispute commissions.
Directors can be held liable for non-compliance under the Consumer Protection Act even during a corporate debtor's insolvency moratorium.
(1) Execution must strictly conform to decree – A decree cannot, by process of execution, be employed to shift or enlarge liability so as to bind persons who were neither parties to decree nor otherw....
(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.
Execution of consumer complaint orders can proceed despite pending appeals if no stay is granted, emphasizing compliance with prior orders.
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