M/S. Imperia Structures Ltd. v. Moneesh Puri & ANR.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th April, 2026 + CM(M) 900/2026 & CM APPL. 26492/2026 M/S. IMPERIA STRUCTURES LTD.

.....Petitioner Through:

Ms. Ishita Singh and Mr. Pranjal Mishra, Advocates.

versus MONEESH PURI & ANR.

.....Respondents Through:

Mr. Akshay Amritanshu, Mrs. Swati Ghildiyal, Mr.

Rishi Yadav, Mr.

Mayur Goyal and Mr.

Sarthak Srivastava, 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 under Article 227 of the Constitution of India, assailing the order dated 27th February, 2026 passed by the learned State Consumer Disputes Redressal Commission, Delhi, in EA/11/2026, whereby warrants of attachment of property of the petitioner have been issued.

3.

Heard. Record perused.

4.

The relevant portion of the impugned order dated 27th February, 2026 is reproduced as under:

"11. Issue warrants of attachment of the property mentioned below for amount of Rs. 2,05,48,532/-, executable through the concerned person mentioned below:

NATURE OF PROPERTY DETAILS OF THE PROPERTIES EXECUTABLE THROUGH Immovable Registered office in the name and style of M/S IMPERIA STRUCTURES LTD at:

A-25, Mohan, co-operative Industrial Estate, New Delhi -110044 SHO PS:

Sarita Vihar, Delhi Bank Account Name:

M/S IMPERIA STRUCTURES LTD.

i.

A/c No.:- 917020052747613 ii.Branch:- Axis Bank Ltd.

Jasola iii.Address:- Ground Floor &Basement Plot No.

51, Pocket I, Jasola, New Delhi-110025) iv.

IFSC Code:- UTIB0001148 Branch Manager concerned, AXIS Bank Warrant of attachment shall be issued by concerned official within three days from the date of this order. The warrants shall be returnable before the next date of hearing along with the necessary action taken by the concerned official."

5.

Section 71 of the Consumer Protection Act, 2019 provides for the Enforcement of Orders and Section 72 provides for the penalty for the non-compliance of orders. Section 73 of the Consumer Protection Act, 2019 provides for an appeal against an order passed under Section 72. Section 73(1)(b) specifically provides that an order passed by the State Commission under Section 72 is appealable to the National Commission. Section 73(1)(b) reads as under:

"(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from- ...

(b) the order made by the State Commission to the National Commission;"

6.

Keeping in view the statutory provisions of the Consumer Protection Act, 2019, the present petition is not maintainable, as the petitioner has an efficacious alternative remedy of preferring an appeal before the National Commission against the impugned order.

7.

Accordingly, the petition stands dismissed being not maintainable. Pending application(s), if any, also stand disposed of. RAJNEESH KUMAR GUPTA, J APRIL 27, 2026/v/abk