[Cites 1, Cited by 0]
Delhi High Court
Star Health And Allied Insurance Co Ltd vs Menka on 18 March, 2026
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18th March, 2026
+ CM(M) 474/2026, CM APPL. 14302/2026, CM APPL. 15169/2026
& CM APPL. 15170/2026
STAR HEALTH AND ALLIED INSURANCE CO LTD.....Petitioner
Through: Ms. Shishir Mathur and Ms. Muskan
Tyagi, Advocates along with Mr.
Sumit Kumar Sharma, AR of the
petitioner.
versus
MENKA .....Respondent
Through: Ms. Tusha Chawla and Mr. Shripal,
Advocates.
CORAM:
HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
ORDER (Oral)
Rajneesh Kumar Gupta, J.
1. This hearing has been conducted through hybrid mode.
2. The present petition has been filed by the petitioner under Article 227
of the Constitution of India, 1950, seeking the following prayers:
"a. Allow the present petition and set aside the impugned
order dated 27.02.2026 passed by the National Consumer
Disputes Redressal Commission (NCDRC) against the
Petitioner company in SA/144/2026; and/or
b. issue an appropriate direction to quash and set aside the
impugned order dated 17.02.2026 passed by the SCDRC
against the Petitioner company in IA/59/2026 in
FA/624/2025; and/or
c. issue an appropriate direction to quash and set aside the
Warrant of Attachment dated 12.12.2025 issued by the Ld.
DCDRC in EA/129/2024;"
3. Learned counsel for the respondent submits that she does not want to
file any reply to the present petition.
4. Matter is taken up for hearing with the consent of the learned counsel
for the parties. Heard. Record perused.
5. Vide order dated 23rd December, 2025, the State Consumer Disputes
Redressal Commission had stayed the operation of the impugned order dated
03rd November, 2025, which reads as under:
"Subject to the deposit of balance of the decretal amount
with this Commission by way of FDR, the operation of the
impugned order dated 03.11.2025 passed by District
Consumer Disputes Redressal Commission- VI (New Delhi
District) M-Block, Vikas Bhawan, I.P. Estate,- New Delhi in
CC No. 14/2024 is stayed till further orders."
6. Vide order dated 17th February, 2026, the aforesaid stay was vacated on
account of non-compliance of the order dated 23rd December, 2025 by the
petitioner/judgment debtor. The said order reads as under:
"Since the appellant has failed to comply with the order
dated 23.12.2025 within time, the stay granted vide order
dated 23.12.2025 stands vacated."
7. Learned counsel for the petitioner submits that the amount, as directed
vide order dated 23rd December, 2025, has already been deposited, with a
delay of four (4) days.
8. Keeping in view the facts that the amount as ordered vide order dated
23rd December, 2025 has already been deposited and there is only a delay of
four (4) days and the same is condoned. Accordingly, the operation of the
impugned order dated 03rd November, 2025 of the District Commission is
stayed till the disposal of the Appeal as pending before the State Commission.
The present petition is disposed of on the above terms. Pending applications,
if any, also stand disposed of.
RAJNEESH KUMAR GUPTA, J
MARCH 18, 2026/V/ABK
