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High Court of DelhiCM(M)/4199/2024

Navin M Raheja & ANR. v. Ruchi Anand & ANR.

2024-12-24Hon'Ble Mr. Justice Ravinder Dudeja3 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 4199/2024 NAVIN M RAHEJA & ANR.

.....Petitioners Through:

Mr. Arvind Nayyar, Senior Advocate with Mr. Rohit Yadav and Mr.

Siddharth Banthia, Advocates.

versus RUCHI ANAND & ANR.

.....Respondents Through:

Mr. Akshay Srivastava, Mr. Alankrit Bhatnagar, Ms.

Sumbul Ismail, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 24.12.2024 CM APPLs. 76013-14/2024 (exemptions) Allowed, subject to all just exceptions.

This application stands disposed of.

CM(M) 4199/2024 & CM APPL. 76012/2024 (stay) 1.

This petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 18.12.2024, passed by the National Consumer Disputes Redressal Commission, New Delhi ['NCDRC'] in E.A. No. 140/2022.

2.

In CM (M) 2325/2024, petitioners/judgment debtor-company assured the Court that besides its authorised representative, one director of judgment debtor company would keep on appearing before the learned NCDRC and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

render due assistance and cooperation in relation to the proceedings pertaining to the execution petition in question. 3.

It appears from the order dated 18.12.2024 that neither the authorised representative nor the director appeared before the NCDRC, and therefore, the NCDRC was constrained to issue Non Bailable Warrants ['NBWs'] against Mr. Navin M. Raheja, Director and one Mr. Kailash Joshi, authorised representative to ensure their presence before the NCDRC on 08.01.2025.

4.

Learned Senior counsel for petitioner submits that the director and authorised representative of the judgment debtor-company did appear through video conference, however, the order does not show their presence in execution proceedings.

5.

Learned Senior counsel of petitioner submits that an application was filed by Mr. Navin M. Raheja and Mr. Kailash Joshi before NCDRC for seeking directions for cancellation of NBWs but the same has not been taken up by the NCDRC so far. It is submitted that in the said application, the director and authorised representative of judgment debtor undertook in paragraph 3 to appear before the NCDRC on the next date. 6.

Similar undertaking is being given by the learned Senior counsel before this Court under instructions from the director and the authorised representative.

7.

In view of the undertaking having been given in the application filed before the NCDRC, as also before this Court, the present petition is disposed of, thereby cancelling the NBWs issued against the director and the authorised representative of the judgment debtor subject to their appearing before the NCDRC on the next date i.e. 08.01.2025. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

A copy of this order be given dasti to the petitioners under the signatures of the Court Master.

RAVINDER DUDEJA, J DECEMBER 24, 2024/vp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.