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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 5725 of 2019

@SLP(C) 15783/2019

Narain Das

Appellant(s)

Versus

M/s Country Colonisers Pvt Ltd

Respondent(s)

O R D E R

Leave granted.

There was a delay of 93 days on the part of the respondent in moving the

National Consumer Disputes Redressal Commission¹ in a First Appeal arising out

of a decision of the State Consumer Disputes Redressal Commission, Punjab at

Chandigarh². The NCDRC by its order dated 25 February 2019 declined to

condone the delay.

Challenging the order of the NCDRC, the first respondent instituted writ

proceedings before the High Court in which the impugned interim order dated 16

April 2019 has been passed. The High Court directed that subject to the deposit of

an amount of Rs 32,58,447 and an additional amount of Rs 40,000 in pursuance

of the order of the SCDRC, the operation of the impugned order would remain

stayed.

These proceedings have been instituted to challenge the order of the High

Court. During the course of the hearing, it has been agreed that the delay of 93

days on the part of the respondent in moving the First Appeal should be condoned

1 “NCDRC”

2 “SCDRC”

Digitally signed by

MANISH SETHI

Date: 2019.07.22

17:50:25 IST

Reason:

Signature Not Verified

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subject to the payment of costs quantified at Rs 40,000 by the respondent to the

appellant.

The respondent shall pay over the aforesaid amount to the appellant within

a period of three weeks from today conditional on which the delay shall stand

condoned and First Appeal No 250/2019 shall stand restored to the file of the

NCDRC for disposal on merits.

In view of the above order, the writ petition filed before the High Court of

Delhi namely CM(M) No 609/2019 together with the interim applications shall

stand disposed of. The amount which has been deposited by the respondent in

pursuance of the interim order dated 16 April 2019 passed by the High Court shall

stand transferred to the NCDRC to abide by such directions as may be eventually

passed in the First Appeal.

Pending disposal of the First Appeal, the Registrar of the NCDRC shall

invest the amount in a short term fixed deposit of a nationalised bank to be

renewed periodically.

Pending the disposal of the first appeal before the NCDRC, the execution

proceedings shall remain stayed since the respondent has deposited the principal

amount. In the facts and circumstances of the case, the appeal shall stand

disposed of in the above terms. No costs.

…..…………................................J.

(Dr. Dhananjaya Y. Chandrachud)

.…………………………...............J.

(Aniruddha Bose)

New Delhi

July 15, 2019

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 5724 of 2019

@SLP(C) 15800/2019

Kusum Garg & Anr

Appellant(s)

Versus

M/s Country Colonisers Pvt Ltd

Respondent(s)

O R D E R

Leave granted.

There was a delay of 151 days on the part of the respondent in moving the

National Consumer Disputes Redressal Commission³ in a First Appeal arising out

of a decision of the State Consumer Disputes Redressal Commission, Punjab at

Chandigarh⁴. The NCDRC by its order dated 29 January 2019, declined to

condone the delay.

Challenging the order of the NCDRC, the respondent instituted writ

proceedings before the High Court in which the impugned interim order dated 16

April 2019 has been passed. The High Court directed that subject to the deposit of

an amount of Rs 57,00,472.16 and an additional amount of Rs 60,000 in

pursuance of the order of the SCDRC, the operation of the impugned order would

remain stayed.

These proceedings have been instituted to challenge the order of the High

Court. During the course of the hearing, it has been agreed that the delay of 151

days on the part of the respondent in moving the First Appeal should be condoned

3 “NCDRC”

4 “SCDRC”

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subject to the payment of co