$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18106/2025 ATUL SIBAL AND ORS .....Petitioner Through: Ms. Mithu Jain, Mr. Shashwat Jaiswal and Mr. Bhanu Pratap Singh, Advocates.

versus ANTRIKSH REAL TECH PVT. LTD. .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 28.11.2025 CM APPL. 74899/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 18106/2025

3. The present petition has been filed by the Decree Holders/Home Buyers seeking enforcement of the Decree passed by the NCDRC in their favour. It is alleged that there has been prolonged non-compliance by the Judgment Debtors/builder, and an inordinate delay in the ongoing execution proceedings before the NCDRC.

4. It is submitted that the execution proceedings have remained pending for over 33 months, contrary to the binding directions passed by the Supreme Court. Hence, it is prayed as under:

“i. ISSUE a Writ, Order or Direction in the nature of Mandamus, thereby directing the Ld. National Consumer Disputes Redressal Commission (NCDRC) to conduct day to-day hearing in the pending Execution Applications being E.A. Nos. 125/2023, 126/2023, 129/2023, 139/2023, 167/2023, in CC/1808/2017, and conclusively dispose of the same within a period of three (3) months;

ii. ISSUE a Writ, Order or Direction in the nature of Mandamus, thereby directing the Ld. National Consumer Disputes Redressal Commission (NCDRC) to ensure compliance of all orders dated 20.11.2024, 27.05.2025, 24.07.2025 and 15.10.2025 issued by the Ld. NCDRC in E.A. Nos. 125/2023, 126/2023, 129/2023, 139/2023, 167/2023, in CC/1808/2017 ; and iii. ISSUE a Writ, Order or Direction in the nature of Mandamus, thereby directing the Respondents to file an affidavit of their bank accounts, movable assets/ properties, immovable assets/ properties with complete details/ description of each of the properties, with its ownership and encumbrance status, along with copies of the relevant documents evidencing such ownership and encumbrance/non-encumbrance state as has been directed by the Ld. NCDRC vide order dated 15.10.2025; and . iv. ISSUE a Writ, Order or Direction to the Respondents refund all the amount as per principal amount paid by the Petitioners to the Petitioners herein in terms of the judgment dated 07.10.2022 passed by Ld. NCDRC in CC/1808/2017 with interest @12% p.a. from the date of respective deposits till the date within 2 months from today; and v. PASS any other order(s) as this Hon’ble Court may deem fit and proper in the peculiar facts and circumstances of the present case, in the interest of justice.”

5. A perusal of the record reveals that NCDRC is actively seized of the execution petition. Considering the facts and circumstances of the case, this Court does not consider it apposite to issue any directions to the NCDRC to conduct day to day hearings. It is for the concerned Bench of the NCDRC to manage its own roster and schedule the hearings accordingly.

6. However, given the peculiar hardships being faced by the petitioners, liberty is granted to the petitioners to make a request to the concerned Bench of NCDRC to expedite the matter and/or conduct hearings at short intervals so that the execution proceedings can be disposed of as expeditiously as possible, especially considering the directions of the Supreme Court in Rahul S Shah Vs. Jinendra Kumar Gandhi (2021) 6 SCC 418& Ors. and Periyammal (dead) through Legal Representatives & Ors. v. V Rajamani &. Anr. (2025) 9 SCC 568

7. NCDRC is requested to take into account the grave and ongoing hardship/s being suffered by the petitioners.

8. Needless to say, if there is any non-compliance of the orders of the NCDRC by the Judgment Debtors or by any other party, NCDRC shall take appropriate coercive measures to enforce its orders.

9. The present petition is disposed of in the above terms.

SACHIN DATTA, J NOVEMBER 28, 2025/at