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2026 Supreme(Online)(SCDRC) 6288
KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION PERMANENT CIRCUIT BENCH, BELAGAVI
MR. SHIVANAGOUDA R. PATIL PARTNER M/S PRUTHVI BUILDERS & DEVELOPERS – Appellant
Versus
MRS. NIRMALA BASAPPA. HULAGAMMANAVAR – Respondent
Appeal Execution No.55/2O26
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 consistent record of complying with other similar award payments.
Headnote:The matter pertains to an appeal execution filed under the Consumer Protection Act, 2019, challenging an order of the District Consumer Commission, Dharwad, which issued a Non-Bailable Warrant (NBW) against the judgment debtor for failure to pay the award amount. The appellant sought the recall of the NBW and requested a three-month grace period to sell properties to satisfy the award, citing compliance in other execution petitions. The primary issue is whether the NBW issued by the District Commission should be recalled and if the judgment debtor should be granted a structured timeline for payment. The court observed that while the District Commission issued the warrant due to a significant outstanding amount and lack of previous payments in this specific case, the appellant's record in other execution petitions demonstrated prompt payment and closure of cases. Accordingly, the appeal is dlsposed olf.
| Table of Content |
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| 1. appeal against the issuance of a non-bailable warrant for non-payment of a consumer award. (Para 1 , 2 , 3) |
| 2. evaluation of the judgment debtor's payment history across multiple execution proceedings to determine equity. (Para 4) |
ORDER SHEET
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.22212023 placed before this Commission on 1310712026 at 2:30 PM.
1 ) Order dated: 2610512026
2) Delay : NIL
3) IA for Stay Application: Filed
4) IA for condonation of delay: Not filed
E-Dakhil Ref No:20260609047 3, Dtd:09 I 0612026
Statutory Deposit :No
SBI Collect Ref No:--
Asst. Regis -Asst Administrative Officer
13.07.2026
For Hearing on Admission
A8.5512026 L3.7.2026
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 the prompt payment in the different execution petitions' that certain amounts were paid and some execution petitions were closed Considering payment in the different execution petitions' we direct the JDr No.2 to pay substantial amount in all executions, Case petition' Further the next date of hearing of the execution 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 to of certain amount, in the interest of subject Payment 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 weeks provided to pay substantial amount towards the award amount and also direction be given tJ e 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, 2019 for compliance of the order.
Accordingly, the appeal is dlsposed olf.
Send a copy of this order to both parties as well as Concerned District Commission.
