2026 Supreme(Online)(SCDRC) 6280
THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION PERMANENT CIRCUIT BENCH, BELAGAVI
MR SHIVANAGOUDA R. PATIL PARTNER M/S PRUTHVI BUILDERS & DEVELOPERS – Appellant
Versus
RENUKA K. VADEYANPUR – Respondent
Appeal Execution No.46l 2026
For the Appellants/Petitioners: K.A. Patil
For the Respondents:
A judgment debtor may be granted bail and an extended timeline to pay an award amount if they can demonstrate a pattern of compliance in other execution proceedings, subject to a strict payment schedule.
Headnote:The matter pertains to an appeal execution filed under the Consumer Protection Act, 2019, challenging an order of the District Consumer Commission, Dharwad. The appellant, a judgment debtor, faced the issuance of a non-bailable warrant and subsequent arrest due to non-payment of the award amount. The court noted that while payments were absent in the current execution, the appellant had demonstrated compliance in other execution petitions. The primary issue was whether the non-bailable warrant should be recalled and if the judgment debtor should be granted additional time to satisfy the award. The court reasoned that considering the prompt payment in different execution petitions, the judgment debtor should be granted a reasonable window to clear the dues to ensure justice and equity. Accordingly, the appeal is dtsposed otf.
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| 1. procedural details and admission of the appeal execution. (Para 1 , 2 , 3 , 4) |
Appeal Execution received through Shri K.A. Patil Advocate, filed on 2210612026.
This is an Appeal Execution preferred against the order passed by the District Consumer Commission, Dharwad on 2610512026 in EA No.205/2023 placed before this Commissi on on 13107 12026 at 2:30 PM.
1) Order dated: 2610512026
2) Delay : NIL
3) IA for Stay Application: Filed
4) IA for condonation ofdelay: Not filed
E-Dakhil Ref No:202606081222, Dtd081 0612026
Statutory Deposit :No
SBI Collect Ref No:--
Asst. Registr -c Asst
Administrative Officer
13.07.2026
Appellant : Shri K.A .Patil, Adv
For Hearing on Admission
A8.4612026
L3.7.2026
Oral: Hon'ble Judicial member / Hon"ble Lady Member;
Case 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 Commission and direction be given to the District Consumer Commission to provide three months time to 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 justice and equity
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 also time of two w'eeks 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 is dtsposed otf.
Send a copy of this order to both parties as well as Concerned District Commission.