Tribunals and Commissions(2005) 01 NCDRC CK 0010

PRADEEP KHURANA vs WHEELS WORLD

National Consumer Disputes Redressal Commission · Decided on 25 January 2005 · Citation: 2005 1 CPR 122 : 2005 2 CPJ 1

HON’BLE JUDGES
Surinder Sarup , Onkar Chand Thakur , Prem Chauhan J.
RESULT
Application disposed of

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Judgment

2 paragraphs · 367 words
1.

-THIS may be read in continuation of our order passed yesterday i.e., 3.12.2004. An amount of Rs. 1,56,000/- has been paid in Court by Mr. S.R. Bansal, learned Counsel appearing on behalf of J.D.-Rajesh Dewan to the D.H. Shri Pradeep Khurana through his learned Counsel Mrs. Jyotsna Rewal Dua. Both the D.H. as well as his learned Counsel have stated before us that the decree in this case as reflected in the order originally passed by this Commission on the complaint of the said Shri Pradeep Khurana dated 18.11.1996 stands fully satisfied. Therefore, no purpose or object will be achieved in keeping the J.D. - Rajesh Dewan in custody any longer. He is, therefore, directed to be released forthwith and is hereby set free.

2.

BEFORE concluding it must be stressed that this extreme step of securing the presence of the J.D. through non-bailable warrants had to be resorted to because the earlier orders passed in this case were not being complied with either by evading service of notice or the concerned authorities not executing the bailable warrants which were directed to be issued for securing his presence, for reasons best known to them. In this context, it would also be relevant to state that if the orders/decrees, etc. passed by the Courts are evaded and not complied with in this manner by whomsoever they may be directed at, the very foundation of the rule of law as enshrined in the hallowed Constitution of this country, would collapse. It is, therefore, incumbent on the concerned authorities to take the orders of the Courts seriously and ensure compliance without (sic.) or any let or hindrance. With these observations, we close this case and dispose of the Execution Petition No. 8 of 1997 as fully satisfied. At the same time, the J.D. Shri Rajesh Dewan is directed to be released from custody forthwith. Necessary release warrant be issued. At this stage, at the request made by his learned Counsel, liberty is reserved to the said Shri Rajesh Dewan to avail of his legal remedy, if so advised, for recovery of decretal amount from the manufacturers - M/s. Sipani Automobiles Ltd., Vill. Bandapura, District Bangalore, Karnataka. Application disposed of.