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Judgment
This appeal (execution) has been filed under section 27A of The Consumer Protection Act, 1986 in challenge to the Order dated 27.11.2019 of the State Commission in execution application no. EA/18/21.
Repeatedly called out, intermittently.
No one appears for the appellant.
Mr. Vikas Nautiyal, learned counsel is present for the respondent.
On the previous dates i.e. on 03.12.2021 and 19.09.2022 also no one had appeared for the appellant.
A perusal of the impugned Order dated 27.11.2019 shows that non-bailable warrant was issued to produce the proprietor (by name) of the judgment debtor firm (the appellant herein) before the State Commission to face proceedings under section 27 of the Act 1986. The Order was passed in November 2019. We are now in November 2022. It is relevant that the proceedings under section 27 are still going on and no order of punishment per se has yet been passed by the State Commission.
In the continuous absence of the appellant before this Commission the present appeal (execution) is dismissed in default for lack of prosecution.
However, to prevent any miscarriage of justice, liberty is provided to the appellant to get the appeal (execution) restored by filing appropriate application within 30 days from today.
It is also made explicit that the appellant can raise all his issues and contentions and make all his submissions before the State Commission in the normal wont of the proceedings under section 27. It is further made unequivocal that the appellant will be at liberty to agitate any other order of the State Commission with which he may be aggrieved during the course of the proceedings under section 27 including any order of punishment.
We expect that the State Commission will conduct the proceedings under section 27 strictly as per the law inter alia adhering to the provisions contained in chapter XX Trial Of Summons-Cases By Magistrates of the Cr. P.C.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.