Pranav Ansal v. Kiran Sharma & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10th September, 2024 + CM(M) 3366/2024 & CM APPL. 52710-52711/2024 PRANAV ANSAL .....Petitioner Through:

Mr. Malak Bhatt with Ms. Neeha Nagpal and Mr. Shreyansh Chopra, Advocates.

versus KIRAN SHARMA & ANR.

.....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

Petitioner herein is aggrieved by order dated 07.08.2024 passed by the Hon‟ble National Consumer Disputes Redressal Commission (in short "NCDRC") whereby NCDRC has issued „Bailable Warrants‟ against the Judgment Debtors asking them to appear personally or to be produced against warrants of Rs. 25,00,000/- within a period of one month. 2.

Petitioner herein is one Mr. Pranav Ansal.

3.

Learned counsel for the petitioner states that at no point of time, the petitioner was either a Director or a shareholder in the Judgment Debtor Company i.e. M/s Ansal Hi Tech Township Ltd. He also states that the decree in question is not against the petitioner either and he is not a Judgment Debtor. 4.

According to him, during the course of the pendency of above said Execution Petition, the Decree Holder had submitted some list showing and CM(M) 3366/2024 1 By:SONIA THAPLIYAL 15:11:03

depicting as if the petitioner herein was one of the Director/Shareholder of Judgment Debtor Company and, therefore, it seems that the above said coercive process has been issued against him. 5.

During course of the consideration, when asked, learned counsel for petitioner states that the petitioner has no objection in appearing before NCDRC and apprising NCDRC about factual aspects. It is, however, supplemented that without cross-checking and verifying these vital facts, NCDRC should not have issued bailable warrants straightaway and thereby, curtailing the liberty of an individual.

6.

After hearing the arguments for some time, learned counsel for petitioner submits that he would ensure that the petitioner herein appears before NCDRC on the date fixed i.e. 13.09.2024 and places his stand before NCDRC in an appropriate manner.

7.

In view of the above said undertaking given by the learned counsel for the petitioner, the petition is hereby disposed of with the direction to the petitioner to appear before the NCDRC on the date fixed i.e. 13.09.2024 and resultantly, the coercive process issued against him stands recalled in view of the above said undertaking.

8.

Petition stands disposed of in the aforesaid terms. (MANOJ JAIN) JUDGE SEPTEMBER 10, 2024/sw CM(M) 3366/2024 2 By:SONIA THAPLIYAL 15:11:03