Back
2026 Supreme(Online)(SCDRC) 6278
KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PERMANENT CIRCUIT BENCH, BELAGAVI
MR. SHIVANAGOUDA R. PATIL PARTNER M/S PRUTHVI BUILDERS & DEVELOPERS – Appellant
Versus
MR. VISHWANATH B. HIREMANI – Respondent
Appeal Execution No. 44/2026
For the Appellants/Petitioners: K.A. Patil
For the Respondents:
A court may recall an arrest warrant and grant a structured payment timeline in execution proceedings if the judgment debtor demonstrates a history of compliance and prompt payment in other similar execution petitions.
Headnote:The matter pertains to an appeal execution under the Consumer Protection Act, 2019, challenging an order of the District Consumer Commission, Dharwad, which issued a Non-Bailable Warrant (NBW) against the appellant for non-payment of an award amount. The appellant contended that they intended to sell properties to satisfy the award and had demonstrated compliance in other execution petitions, requesting a breathing period for payment. The primary issue was whether the NBW should be recalled and if the appellant should be granted a timeline for payment. The court observed that the appellant had made prompt payments in other execution petitions, which justified granting a reasonable opportunity to clear the outstanding dues rather than maintaining the arrest warrant. Accordingly, the appeal is disposed of.
ORDER SHEET
Appeal Execution received through Shd K.A. Patil Advocate, filed on 22106/2026.
This is an Appeal Execution preferred against the order passed by the District Consumer Commission, Dharwad on 2610512026 in EA No.217l2023 placed before this Commissi on on 13107 12026 at 2:30 PM.
1 ) Order dated: 26105 12026
2) Delay : NIL
3) IA for Stay Application: Filed
4) IA for condonation of delay: Not filed
E-Dakhil Ref No :20260608 I 43 3, Dtd:08 I 06 I 2026
Statutory Deposit :No
SBI Collect Ref No:--
Asst. Registrar-ctln-Asst
Administrative Officer
13.07.2026
Appellant : Shri K.A .Patil, Adv
For Hearing on Admission
2026
AE.,44
L3.7.2026
Oral: Hon'ble Judicial member/ Honble Ladv Memberl
is called out. Heard from appellant on admission.
The learned advocate for appellant submits that' the District Consumer Commission has issued NBW inspite of submission made for seeking a breathing time for payment of the award amount and also submits that they have complied the order in different execution petitions' They are intended to sell their properties in order comply the award amount; therefore they need a breathing time to pay the award amount in the execution petition' Hence prays to recall the NBW issued by the District Consumer and direction be given to the District Commission to provide three months time to Consumer Commission comply the order'
Perused the certified copy of the order sheet dated 26.5.2026, we noted that, the District Consumer Commission noted there is a huge amount to be paid by the accused, no previous payments were made, hence issued a arrest warrant. whereas the advocate for appellant had produced certain execution petition numbers which discloses that certain amounts were paid and some execution petitions were closed' Considering the prompt payment in the different execution petitions' we direct the JDr No.2 to pay substantial amount in all executions on the next date of hearing of the execution petition'
Further the learned counsel for appellant submits that' today morning an arrest warrant was executed and the JDr was arrested, hence prays to release the JDr/appellant on bail subject to payment of certain amount' in the interest of ustice and equiY
Considering the submission, the District Commission is directed to release the JDr on bail subject to presentation of application as per the provision of law by the JDr and aiso time of two weeks provided to pay substantial amount towards the award amount and also direction be given the JDr to comply the balance amount within four months, if not complied, the District Commission is directed to proceed as per the provision of Section 71 of Consumer Protection Act, 2Ol9 for compliance of the order.
Accordingly, the appeal ls dlsposed oJf.
Send a copy of this order to both parties as well as Concerned District Commission.
