CM-9373-CWP-2022 in/and CWP-13389-2021 (O&M) along with

CWP-16119-2021 (O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Sr. No.112+280

Date of Decision: 06.07.2022

1)

CM-9373-CWP-2022

in/and

CWP-13389-2021 (O&M)

Meetinder Singh Mann and another

.... Petitioners

Versus

State Consumer Disputes Redressal Commission,

Punjab, Chandigarh and others

... Respondents

2)

CWP-16119-2021 (O&M)

Meetinder Singh Mann and another

.... Petitioners

Versus

State Consumer Disputes Redressal Commission,

Punjab, Chandigarh and others

... Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Vikas Kuthiala, Advocate

for the petitioners.

Mr. Navdeep Chhabra, DAG, Punjab.

None for respondent No.3.

Mr. Ashok Kumar Sama, Advocate

for respondent No.4 in CWP No.13389 of 2021.

Mr. Dheeraj Mahajan, Advocate

for respondent No.4 in CWP No.16119 of 2021.

***

HARSIMRAN SINGH SETHI, J. (ORAL)

CM-9373-CWP-2022 in

CWP-13389-2021

Prayer in the present application is for placing on record the

MANINDER

2022.07.14 10:00

I attest to the accuracy and

authenticity of this

ordrer/judgment

CM-9373-CWP-2022 in/and CWP-13389-2021 (O&M) along with

CWP-16119-2021 (O&M)

-2-

replication to written statement filed on behalf of respondent No.1.

Application is allowed and the said replication is taken on

record.

CWP-13389-2021 (O&M)

By this common order, two petitions, details of which have

been given above, shall be disposed of. For the purpose of passing this order,

the facts are being taken from CWP No.13389 of 2021.

In the present petition, the order impugned are dated 30.03.2021

(Annexure P-4), by which bailable warrants were issued against the

petitioners to secure their presence as well as the order dated 10.05.2021

(Annexure P-5) summoning the petitioners for execution proceedings, who

were judgment debtors No.2 and 3 in the execution proceedings under

Execution Application No.232 of 2020, pending before Punjab State

Consumer Redressal Commission, Chandigarh.

While issuing notice of motion, as the petitioners had

undertaken before this Court to appear before the Executing Court, the order

was passed in favour of the petitioners that no coercive action will be taken

against the petitioners in respect of the impugned orders dated 30.03.2021

and 10.05.2021 (Annexures P-4 and P-5 respectively).

Learned counsel for the respondents submits that the petitioners

have already appeared in the execution proceedings and are participating in

the execution proceedings, hence, the present petition has been rendered

infructuous as the impugned orders (Annexures P-4 and P-5) were only

passed to secure the presence of the petitioners, which now has already been

secured.

MANINDER

2022.07.14 10:00

I attest to the accuracy and

authenticity of this

ordrer/judgment

CM-9373-CWP-2022 in/and CWP-13389-2021 (O&M) along with

CWP-16119-2021 (O&M)

-3-

Learned counsel for the petitioners submits that the petitioners

have an objection with regard to the maintainability of the execution petition

itself qua the petitioners.

The said question will be decided by the Executing Court only

and not by this Court in the present petition as the prayer in the present

petition is only qua the summoning of the petitioners through bailable/

non-bailable warrants. In case, the petitioners are aggrieved against any

order passed in the execution petition by the Executing Court, they will be at

liberty to avail appropriate remedy available to them.

Keeping in view the above, no further orders are required to be

passed in the present petition and the same is disposed of as such.

As the main petition stands disposed of, no orders are required

to be passed in the miscellaneous applications as well.

A photocopy of this order be placed on the connected file.

(HARSIMRAN SINGH SETHI)

JUDGE

06.07.2022

Maninder

Whether speaking/reasoned