Punjab-Haryana High Court
Kuldeep Singh And Ors vs Princepal Singh @ Pritpal Singh And Ors on 18 September, 2024
Neutral Citation No:=2024:PHHC:123264
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
120 CWP-23720-2024
2024
KULDEEP SINGH AND ORS
... Petitioners
Petitioner
VERSUS
PRINCEPAL SINGH @ PRITPAL SINGH AND ORS.
... Respondents
AND
125 CWP-23743-20242024
Date of Decision: 18.09.2024
KULDEEP SINGH AND ORS
... Petitioners
Petitioner
VERSUS
TAJINDER PAL SINGH AND ORS.
... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
****
Present: Mr. Jagtar Kureel and Mr. Baljinder Singh,
Advocates for the petitioners.
****
VINOD S. BHARDWAJ, J. (ORAL)
Both these writ petitions are being decided by a common order
since the issues involved therein are similar.
Challenge in the present petitions is to the orders dated 14.03.2024
passed by respondent No.6 in Execution Applications No.147 and 148 of 2022,
whereby the objection(s) to the Execution Applications filed by the petitioner to
the effect that they have no concern with the Judgment Debtor have been
dismissed.
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Neutral Citation No:=2024:PHHC:123264
CWP-23720-2024
2024 + 1 case -2-
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A perusal of the Award passed by the District Consumer Disputes
Redressal
edressal Commission, Amritsar clearly shows that the Award had also been
passed against Natureway Network Mkt. Pvt. Ltd. situated at Shop No.7,
Shaheed Bhagat Singh Market, Bus Stand, Amritsar, through authorized
signatories, Directors, Partners, Manager, Administrators, Representatives,
Assignees etc. at present being run in the name of Dream Freedom Herbals,
which was Opposite Party No.4 therein. The address of the Dream Freedom
Herbals as well as the petitioners herein is actually the same as has been
referred
ferred to in the address of Natureway Network Mkt. Pvt. Ltd. viz. Dream
Freedom Herbals, before the District Consumer Disputes Redressal
Commission. It is also evident that the execution has been filed, amongst others
against Opposite Party No.4 i.e. Dream Freedom Herbals/Natureway Network
Mkt. Pvt. Ltd., which were established in the Award of the District Consumer
Disputes Redressal Commission as one entity.
Learned counsel appearing on behalf of the petitioner(s) contends
that the complaint was dismissed
dismissed against the petitioners herein, who were
respondents No.4 to 7 in the Consumer Complaints, but nonetheless, the Award
in question has been executed against them.
On being confronted with the fact that the contentions raised with
respect to the separate
separate juristic entity of Dream Freedom Herbals was examined
by the District Consumer Disputes Redressal Commission, Amritsar in its
Award dated 28.01.2022 and the above objection was declined by the District
Consumer Disputes Redressal Commission, Amritsar in paragraph No.8 of its
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Neutral Citation No:=2024:PHHC:123264
CWP-23720-2024
2024 + 1 case -3-
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Award and that the said Award having not being challenged by Natureway
Network Mkt. Pvt. Ltd. (respondent No.5 herein), as to whether the same
objections could be raised again in the Execution Applications by the
petitioners as authorized
authorized representatives of Dream Freedom Herbals, the
Counsel for the petitioners prays for withdrawal of the instant writ petitions so
as to take recourse to the alternative remedies available to him in accordance
with law.
Disposed of as withdrawn with the liberty as aforesaid.
(VINOD
VINOD S. BHARDWAJ)
SEPTEMBER 18,
18 2024 JUDGE
rajender
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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