Punjab-Haryana High Court
Meetinder Singh Mann And Anr vs State Consumer Disputes ... on 6 July, 2022
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
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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.
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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 : Yes/No
Whether reportable : Yes/No
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