M/S Fire Arcor Infrastructure ... vs Manohar S/O Shripad Patwardhan
2021 Latest Caselaw 11260 Bom

                                                  1                                 wp 590-2021.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                         Criminal Writ Petition No. 590 of 2021

M/s Fire Arcor Infrastructure (Pvt.) Ltd. Vs Manohar s/o Shripad Patwardhan
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Office Notes, Office Memoranda of Coram,                                 Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                               Mr. Sahil S. Dewani, Advocate for the petitioner


                                                           CORAM : MANISH PITALE, J.

DATED : AUGUST 18, 2021

Heard learned counsel for the petitioner.

2. It is submitted that the impugned order rejecting preliminary objection raised on behalf of the petitioner in an execution proceeding initiated by the respondent, along with costs, is unsustainable for the reason that it was amply demonstrated before the District Consumer Disputes Redressal Forum, Nagpur that the execution application filed under the Consumer Protection Act, 2019, is not maintainable, for the reason that the Complaint was filed under the earlier Act i.e. the Consumer Protection Act, 1986. The execution proceeding could have been initiated only under the earlier Act. Reliance is placed on the judgment of the Hon'ble Supreme Court in the case of Neena Aneja and Another Vs. Jai Prakash Associates Ltd. 2021 SCC OnLine SC 225, particularly paragraph 77 thereof.

2 wp 590-2021.odt

3. Apart from this, it is submitted that compliance affidavit was placed on record before the aforesaid Forum to indicate that without prejudice to the question of maintainability of execution proceeding, the petitioner had demonstrated compliance of directions given in the consumer Complaint initiated by the sole respondent.

4. Hence, issue notice, returnable on 14/09/2021.

5. In the meanwhile, there shall ad-interim stay in terms of prayer clause (e), subject to the petitioner continuing compliance with the directions of the District Forum.

JUDGE

MP Deshpande