Execution application in consumer case


Dear Sirs,

NCDRC passed order on 17.02.2016 and instructed OP to pay priciple amount (1.35 cr approx) along with interest of 18 % per annum to complianant .Also instructed to pay 04 lakhs Rs as a litigation cost of the complaint to complanant .Based on the order we filed execution application at NCDRC in Aug 16

On first date of Hearing court accepted our application and informed registry to issue notice to Op

On 2nd date counsel of the OP requested court that she will file Vakalatnama in two weeks .Court accepted the request and allowed time till next date to pay the decretal amount to decree holders ,failing which partnmers of the OP needs to ramain present personally to proceed under sec 27 of CPA 1986.

Surprisingle on the next date New counsel for OP appeared in court and stated that he has not received the copy of the said execution application .Copy Supplied on the same day to Him.Till date Apeal was not made in supreme court hence court ordered to pay the decretal amount in 04 weeks ,failing which partnmers of the OP needs to ramain present personally to proceed under sec 27 of CPA 1986.

Next date at NCDRC is in first week of Feb 17

on 05/01/2017 we got the message from supreme court that apeal is filed by OP in superme court and that is in defective stage as earlier we have filed the caveat on the same

Need your inputs on below mentioned points

1.What will be our points for arguments at NCDRC on the next date

2.If the order is not stayed in Supreme court ,what step we need to have at NCDRC

3.If the order is  stayed in Supreme court ,what step we need to have at NCDRC

4.What will be our points for arguments at supreme court as supreme court will hear we first due to service of the caveat

5.Any other suggstions on this

 

 

 
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Lawyer

Vijay ji as opposite party is making unexpected excuses to avoid the execution proceeding.

You need to present this fact before the NCDRC.


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