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2026 Supreme(Online)(SCDRC) 6283
KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PERMANENT CIRCUIT BENCH BELAGAVI
MR. SHIVANAGOUDA R PATIL PARTNER M/S PRUTHVI BUILDERS & DEVELOPERS – Appellant
Versus
KALLAPPA H. MATTI – Respondent
Appeal Execution No.49 I 2O26
For the Appellants/Petitioners: K.A. Patil
For the Respondents:
A court may grant a judgment debtor a structured timeline for payment and recall arrest warrants if the debtor demonstrates a bona fide intention to pay, evidenced by compliance in other similar execution proceedings.
Headnote:The matter involves an appeal against an order passed by the District Consumer Commission, Dharwad, which issued a Non-Bailable Warrant (NBW) against the judgment debtor for non-payment of an award amount. The appellant sought the recall of the NBW and requested a breathing period of three months to sell properties to satisfy the award, citing compliance in other execution petitions. The primary issue is whether the judgment debtor should be granted time to pay the award amount and be released from custody. The court observed that while a huge amount remained unpaid, the appellant had demonstrated prompt payment in other execution petitions, making the request for a payment timeline equitable. Accordingly, the appeal is dtsposed off.
| Table of Content |
|---|
| 1. request for recall of nbw and extension of time for payment of award amount. (Para 1 , 2) |
| 2. evaluation of judgment debtor's payment history in other execution petitions. (Para 3) |
| 3. grant of bail and establishment of a structured payment schedule for award compliance. (Para 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.208/2023 placed before this Commission on 1310712026 at2:,30 PM.
1) Order dated: 2610512026
2) Delay : NIL
3) IA for Stay Application: Filed
4) IA for condonation of delay: Not frled
E-Da khil Ref No :20260608 I 39 l, Dtd:08 I 06 I 2026
Statutory Deposit :No
SBI Collect Ref No:--
Asst. Registra st
Adminlstrative Officer
13.07.2026
Appellant : Shri K.A .Patil, Adv
For Hearing on Admission
-a- A8.49120.26 L3.7.20.26
Oral: Hon'ble Judicial member/ Honble 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.
r)L'Ailu
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 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, 2079 for compliance of the order.
Accordingly, the appeal is dtsposed off.
Send a copy of this order to both parties as well as Concerned District Commission.
