Nitin Aggarwal vs Mukesh Kumar Mittal on 28 October, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~15-68, 71-73, 77-78, 85, 88, 92, 93, 94, 108, 113 & 121
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 855/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
MUKESH KUMAR MITTAL ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 856/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SHRUTI PODDAR & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 857/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SANGEET BALI & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 858/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
MUNISH SINGLA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 859/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
NEHA SIKRI & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 1 of 22
Signing Date:28.10.2021
23:01:33
+ CM(M) 860/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PRASHANT KUMAR & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 861/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SALIL BAKSHI ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 862/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
ANIL KUMAR GUPTA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 863/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SWADESH KUMAR ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 864/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJESH KUMAR YADAV ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 865/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 2 of 22
Signing Date:28.10.2021
23:01:33
versus
SUBE SINGH ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 866/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SWADESH KUMAR ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 867/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
BANWARI LAL GUPTA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 868/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SANGEET BALI & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 869/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PRASHANT KUMAR & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 870/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
ANIL KUMAR GUPTA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 3 of 22
Signing Date:28.10.2021
23:01:33
+ CM(M) 871/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
NAVNEET YADAV ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 872/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
DHEERAJ SHARMA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 873/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SUBE SINGH ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 874/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
AKASH GUPTA & ORS. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 875/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SHALINI ARORA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 876/2021
MANISH AGGARWAL ..... Petitioner
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 4 of 22
Signing Date:28.10.2021
23:01:33
Through: Ms. Minakshi Jyoti, Advocate.
versus
BHUPESH RAVISH ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 877/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJ KISHORE & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 878/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SHALINI ARORA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 879/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJNEESH SINGH & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 880/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
DHEERAJ SHARMA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 881/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
AKASH GUPTA & ORS. ..... Respondents
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 5 of 22
Signing Date:28.10.2021
23:01:33
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 882/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
NAVNEET YADAV ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 883/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SWADESH KUMAR ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 884/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
DHEERAJ SHARMA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 885/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
BHUPESH RAVISH ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 886/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PUSHPENDER ROHILLA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 888/2021
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 6 of 22
Signing Date:28.10.2021
23:01:33
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
MUNISH SINGLA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 889/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
NEHA SIKRI & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 890/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJESH KUMAR YADAV ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 891/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
MUKESH KUMAR MITTAL ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 892/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SALIL BAKSHI ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 893/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 7 of 22
Signing Date:28.10.2021
23:01:33
AMIT GUPTA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 894/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
KAILASH SAKHARE ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 895/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJ KISHORE & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 896/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJNEESH SIINGH & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 897/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
AKASH GUPTA & ORS. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 898/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PREETI AHUJA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 8 of 22
Signing Date:28.10.2021
23:01:33
+ CM(M) 899/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PUSHPENDER ROHILLA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 900/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJ KISHORE & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 901/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
AMIT GUPTA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 902/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
BANWARI LAL GUPTA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 903/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
KAILASH SAKHARE ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 904/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 9 of 22
Signing Date:28.10.2021
23:01:33
versus
MUNISH SINGLA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 905/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SHRUTI PODDAR & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 906/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJNEESH SINGH & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 907/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
NAVNEET YADAV ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 908/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SUBE SINGH ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 909/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
MUKESH KUMAR MITTAL ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 10 of 22
Signing Date:28.10.2021
23:01:33
+ CM(M) 912/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PUSHPENDER ROHILLA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 913/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
BANWARI LAL GUPTA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 914/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SHRUTI PODDAR & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 918/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
AMIT GUPTA & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 919/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
RAJESH KUMAR YADAV ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 926/2021
NITIN AGGARWAL ..... Petitioner
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 11 of 22
Signing Date:28.10.2021
23:01:33
Through: Ms. Minakshi Jyoti, Advocate.
versus
SHALINI ARORA & ANR. ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 929/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
KAILASH SAKHARE ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 933/2021
SACHIN JAIN ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SANGEET BALI & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 934/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
BHUPESH RAVISH ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 935/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
SALIL BAKSHI ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 949/2021
MANISH AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PREETI AHUJA & ANR. ..... Respondents
Signature Not Verified
Signed By:ARUNA
KANWAR
CM(M) 855/2021 and connected matters Page 12 of 22
Signing Date:28.10.2021
23:01:33
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 955/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
PRASHANT KUMAR & ANR. ..... Respondents
Through: Ms. Nikita Sharma, Advocate.
+ CM(M) 963/2021
NITIN AGGARWAL ..... Petitioner
Through: Ms. Minakshi Jyoti, Advocate.
versus
ANIL KUMAR GUPTA ..... Respondent
Through: Ms. Nikita Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 28.10.2021
[VIA VIDEO CONFERENCING]
CM No.38091/2021(for exemption) in CM(M) 855/2021, CM No.38094/2021(for exemption) in CM(M) 856/2021, CM No.38112/2021(for exemption) in CM(M) 857/2021, CM No.38115/2021(for exemption) in CM(M) 858/2021, CM No.38121/2021(for exemption) in CM(M) 859/2021, CM No.38124/2021(for exemption) in CM(M) 860/2021, CM No.38127/2021(for exemption) in CM(M) 861/2021, CM No.38130/2021(for exemption) in CM(M) 862/2021, CM No.38133/2021(for exemption) in CM(M) 863/2021, CM No.38137/2021(for exemption) in CM(M) 864/2021, CM No.38140/2021(for exemption) in CM(M) 865/2021, CM No.38143/2021(for exemption) in CM(M) 866/2021, CM No.38150/2021(for exemption) in CM(M) 867/2021, CM No.38153/2021(for exemption) in CM(M) 868/2021, CM No.38156/2021(for exemption) in CM(M) 869/2021, CM No.38159/2021(for exemption) in CM(M) 870/2021, CM No.38162/2021(for exemption) in CM(M) 871/2021, CM No.38166/2021(for exemption) in CM(M) 872/2021, CM No.38169/2021(for exemption) in CM(M) 873/2021, CM No.38172/2021(for exemption) in CM(M) 874/2021, CM No.38177/2021(for exemption) in CM(M) 875/2021, CM No.38180/2021(for exemption) in CM(M) 876/2021, CM No.38183/2021(for exemption) in CM(M) 877/2021, CM No.38188/2021(for exemption) in CM(M) 878/2021, CM No.38191/2021(for exemption) in CM(M) 879/2021, CM No.38194/2021(for exemption) in CM(M) 880/2021, CM No.38199/2021(for exemption) in CM(M) 881/2021, CM No.38202/2021(for exemption) in CM(M) 882/2021, CM No.38206/2021(for exemption) in CM(M) 883/2021, CM No.38210/2021(for exemption) in CM(M) 884/2021, CM No.38213/2021(for exemption) in CM(M) 885/2021, CM No.38219/2021(for exemption) in CM(M) 886/2021, CM No.38226/2021(for exemption) in CM(M) 888/2021, CM No.38231/2021(for exemption) in CM(M) 889/2021, CM No.38234/2021(for exemption) in CM(M) 890/2021, CM No.38237/2021(for exemption) in CM(M) 891/2021, CM No.38240/2021(for exemption) in CM(M) 892/2021, CM No.38321/2021(for exemption) in CM(M) 893/2021, CM No.38327/2021(for exemption) in CM(M) 894/2021, CM No.38331/2021(for exemption) in CM(M) 895/2021, CM No.38344/2021(for exemption) in CM(M) 896/2021, CM No.38357/2021(for exemption) in CM(M) 897/2021, CM No.38364/2021(for exemption) in CM(M) 898/2021, CM No.38367/2021(for exemption) in CM(M) 899/2021, CM No.38370/2021(for exemption) in CM(M) 900/2021, CM No.38374/2021(for exemption) in CM(M) 901/2021, CM No.38382/2021(for exemption) in CM(M) 902/2021, CM No.38387/2021(for exemption) in CM(M) 903/2021, CM No.38390/2021(for exemption) in CM(M) 904/2021, CM No.38396/2021(for exemption) in CM(M) 905/2021, CM No.38401/2021(for exemption) in CM(M) 906/2021, CM No.38404/2021(for exemption) in CM(M) 907/2021, CM No.38407/2021(for exemption) in CM(M) 908/2021, CM No.38438/2021(for exemption) in CM(M) 909/2021, CM No.38455/2021(for exemption) in CM(M) 912/2021, CM No. 38458/2021(for exemption) in CM(M) 913/2021, CM No. 38465/2021(for exemption) in CM(M) 914/2021, CM No. 38478/2021(for exemption) in CM(M) 919/2021, CM No. 38515/2021(for exemption) in CM(M) 926/2021, CM No. 38525/2021(for exemption) in CM(M) 929/2021, CM No. 38547/2021(for exemption) in CM(M) 933/2021, CM No. 38550/2021(for exemption) in CM(M) 934/2021, CM No. 38559/2021(for exemption) in CM(M) 935/2021, CM No. 38625/2021(for exemption) in CM(M) 949/2021, CM No. 38652/2021(for exemption) in CM(M) 955/2021, CM No. 38726/2021(for exemption) in CM(M) 963/2021,
1. Allowed, subject to all just exceptions.
2. The applications are disposed of.
CM(M) 855/2021, CM No.38090/2021(for stay) & CM No.38092/2021 (for permission to file relevant record only), CM(M) 856/2021, CM No.38093/2021(for stay) & CM No.38095/2021 (for permission to file relevant record only), CM(M) 857/2021, CM No.38111/2021(for stay) & CM No.38113/2021 (for permission to file relevant record only), CM(M) 858/2021, CM No.38114/2021(for stay) & CM No.38116/2021 (for permission to file relevant record only), CM(M) 859/2021, CM No.38120/2021(for stay) & CM No.38122/2021 (for permission to file relevant record only), CM(M) 860/2021, CM No.38123/2021(for stay) & CM No.38125/2021 (for permission to file relevant record only), CM(M) 861/2021, CM No.38126/2021(for stay) & CM No.38128/2021 (for permission to file relevant record only), CM(M) 862/2021, CM No.38129/2021(for stay) & CM No.38131/2021 (for permission to file relevant record only), CM(M) 863/2021, CM No.38132/2021(for stay) & CM No.38134/2021 (for permission to file relevant record only), CM(M) 864/2021, CM No.38136/2021(for stay) & CM No.38138/2021 (for permission to file relevant record only), CM(M) 865/2021, CM No.38139/2021(for stay) & CM No.38141/2021 (for permission to file relevant record only), CM(M) 866/2021, CM No.38142/2021(for stay) & CM No.38144/2021 (for permission to file relevant record only), CM(M) 867/2021, CM No.38149/2021(for stay) & CM No.38151/2021 (for permission to file relevant record only), CM(M) 868/2021, CM No.38152/2021(for stay) & CM No.38154/2021 (for permission to file relevant record only), CM(M) 869/2021, CM No.38155/2021(for stay) & CM No.38157/2021 (for permission to file relevant record only), CM(M) 870/2021, CM No.38158/2021(for stay) & CM No.38160/2021 (for permission to file relevant record only) and CM(M) 871/2021, CM No.38161/2021(for stay) & CM No.38163/2021 (for permission to file relevant record only) CM(M) 872/2021, CM No.38165/2021(for stay) & CM No.38167/2021 (for permission to file relevant record only) CM(M) 873/2021, CM No.38168/2021(for stay) & CM No.38170/2021 (for permission to file relevant record only) CM(M) 874/2021, CM No.38171/2021(for stay) & CM No.378173/2021 (for permission to file relevant record only) CM(M) 875/2021, CM No.38176/2021(for stay) & CM No.38178/2021 (for permission to file relevant record only) CM(M) 876/2021, CM No.38179/2021(for stay) & CM No.38181/2021 (for permission to file relevant record only) CM(M) 877/2021, CM No.38182/2021(for stay) & CM No.38184/2021 (for permission to file relevant record only) CM(M) 878/2021, CM No.38187/2021(for stay) & CM No.38189/2021 (for permission to file relevant record only) CM(M) 879/2021, CM No.38190/2021(for stay) & CM No.38192/2021 (for permission to file relevant record only) CM(M) 880/2021, CM No.38193/2021(for stay) & CM No.38195/2021 (for permission to file relevant record only) CM(M) 881/2021, CM No.38198/2021(for stay) & CM No.38200/2021 (for permission to file relevant record only) CM(M) 882/2021, CM No.38201/2021(for stay) & CM No.38203/2021 (for permission to file relevant record only) CM(M) 883/2021, CM No.38205/2021(for stay) & CM No.38207/2021 (for permission to file relevant record only) CM(M) 884/2021, CM No.38209/2021(for stay) & CM No.38211/2021 (for permission to file relevant record only) CM(M) 885/2021, CM No.38212/2021(for stay) & CM No.38214/2021 (for permission to file relevant record only) CM(M) 886/2021, CM No.38218/2021(for stay) & CM No.38220/2021 (for permission to file relevant record only) CM(M) 888/2021, CM No.38225/2021(for stay) & CM No.38227/2021 (for permission to file relevant record only) CM(M) 889/2021, CM No.38230/2021(for stay) & CM No.38232/2021 (for permission to file relevant record only) CM(M) 890/2021, CM No.38233/2021(for stay) & CM No.38235/2021 (for permission to file relevant record only) CM(M) 891/2021, CM No.38236/2021(for stay) & CM No.38238/2021 (for permission to file relevant record only) CM(M) 892/2021, CM No.38239/2021(for stay) & CM No.38241/2021 (for permission to file relevant record only) CM(M) 893/2021, CM No.38320/2021(for stay) & CM No.38322/2021 (for permission to file relevant record only) CM(M) 894/2021, CM No.38326/2021(for stay) & CM No.38328/2021 (for permission to file relevant record only) CM(M) 895/2021, CM No.38330/2021(for stay) & CM No.38332/2021 (for permission to file relevant record only) CM(M) 896/2021, CM No.38343/2021(for stay) & CM No.38345/2021 (for permission to file relevant record only) CM(M) 897/2021, CM No.38356/2021(for stay) & CM No.38358/2021 (for permission to file relevant record only) CM(M) 898/2021, CM No.38363/2021(for stay) & CM No.38365/2021 (for permission to file relevant record only) CM(M) 899/2021, CM No.38366/2021(for stay) & CM No.38368/2021 (for permission to file relevant record only) CM(M) 900/2021, CM No.38369/2021(for stay) & CM No.38371/2021 (for permission to file relevant record only) CM(M) 901/2021, CM No.38373/2021(for stay) & CM No.38375/2021 (for permission to file relevant record only) CM(M) 902/2021, CM No.38381/2021(for stay) & CM No.38383/2021 (for permission to file relevant record only) CM(M) 903/2021, CM No.38386/2021(for stay) & CM No.38388/2021 (for permission to file relevant record only) CM(M) 904/2021, CM No.38389/2021(for stay) & CM No.38391/2021 (for permission to file relevant record only) CM(M) 905/2021, CM No.38395/2021(for stay) & CM No.38397/2021 (for permission to file relevant record only) CM(M) 906/2021, CM No.38400/2021(for stay) & CM No.38402/2021 (for permission to file relevant record only) CM(M) 907/2021, CM No.38403/2021(for stay) & CM No.38405/2021 (for permission to file relevant record only) CM(M) 908/2021, CM No.38406/2021(for stay) & CM No.38408/2021 (for permission to file relevant record only) CM(M) 909/2021, CM No.38437/2021(for stay) & CM No.38439/2021 (for permission to file relevant record only) CM(M) 912/2021, CM No. 38454/2021(for stay) & CM No. 38456/2021 (for permission to file relevant record only), CM(M) 913/2021, CM No. 38457/2021(for stay) & CM No. 38459/2021 (for permission to file relevant record only), CM(M) 914/2021, CM No. 38464/2021(for stay) & CM No.38466/2021 (for permission to file relevant record only), CM(M) 918/2021, CM No.38475/2021(for stay), CM(M) 919/2021, CM No.38477/2021(for stay) & CM No.38479/2021 (for permission to file relevant record only), CM(M) 926/2021, CM No.38514/2021(for stay) & CM No.38516/2021 (for permission to file relevant record only), CM(M) 929/2021, CM No.38524/2021(for stay) & CM No.38526/2021 (for permission to file relevant record only), CM(M) 933/2021, CM No.38546/2021(for stay) & CM No. 38548/2021 (for permission to file relevant record only), CM(M) 934/2021, CM No.38549/2021(for stay) & CM No.38551/2021 (for permission to file relevant record only), CM(M) 935/2021, CM No.38558/2021(for stay) & CM No.38560/2021 (for permission to file relevant record only), CM(M) 949/2021, CM No.38624/2021(for stay) & CM No.38626/2021 (for permission to file relevant record only), CM(M) 955/2021, CM No.38651/2021(for stay) & CM No.38653/2021 (for permission to file relevant record only) & CM(M) 963/2021, CM No.38725/2021(for stay) & CM No.38727/2021(for permission to file relevant record only)
3. The present petitions under Article 227 of the Constitution of India impugn the common order dated 16th September, 2021 passed by the National Consumer Disputes Redressal Commission (NCDRC) in a batch of execution applications, to the extent that it directs recovery proceedings by the issuance of individual recovery certificates against the petitioners, who are directors of the company 'Shree Vardhman Infrahome Private Limited', and which company is the judgment debtor before the NCDRC.
4. The respondents, being members of the Flora Welfare Association, filed a complaint under Section 21 of the Consumer Protection Act, 1986, bearing Consumer Case No. 1893/2017 titled Flora Welfare Association Vs. Shree Vardhman Infrahome Pvt. Ltd., before the NCDRC. The said complaint was disposed of by the NCDRC vide decree dated 15th January, 2019, wherein it was recorded that the matter had been settled between the parties in terms of the written settlement dated 15th January, 2019, and which written settlement was ordered to form part of the said decree. Since the decree was not satisfied, the respondents filed execution applications under Sections 71 and 72 of the Consumer Protection Act, 2019 seeking enforcement of the decree dated 15th January, 2019 of the NCDRC as well as penalties to be imposed upon Shree Vardhman Infrahome Private Limited and its directors for non-compliance with the decree dated 15th January, 2019 of the NCDRC, and from which execution proceedings, the impugned order arises.
5. The portions of the order, which are impugned in the present petition, are set out below:
"7. The Registry is requested to issue individual recovery certificates within one week thence, positively, under Section 25(3) of The Consumer Protection Act, 1986 / Section 71 of The Consumer Protection Act, 2019 to the concerned District Collector(s) requiring to recover the respective decretal amounts from the judgment debtor company and its directors (i) Mr. Sandeep Jain, (ii) Mr. Nitin Aggarwal, (iii) Mr. Manish Aggarwal and (iv) Mr. Sachin Jain in the same manner as arrears of land revenue.
8. It is made explicit here that the amount recovered shall be retained with the Registry of this Commission and a decision on releasing it shall be taken after addressing and answering the objections recorded in para 2 above and after hearing objections if any on the quantification of the respective decretal amounts and on any other objection(s) raised by the judgment debtor company and its directors. Meanwhile, the Registry shall retain the recovered amount in the shape of FDR(s), initially for a period of six months, to be renewed regularly."
6. The same impugned order which forms subject matter of the present petitions was subject matter of challenge in CM(M) 676/2021 titled Sandeep Jain Vs. Akash Gupta & Ors. This Court vide judgment dated 4th October, 2021, relying upon the judgments of Ambience Infrastructure Private Limited and Ors. Vs. Ambience Island Apartment Owners and Ors. (2021) 2 SCC 163 and V.K. Uppal Vs. Akshay International Pvt. Ltd. 2010 SCC OnLine Del 538 set aside the direction of the NCDRC to issue individual recovery certificate against the petitioner therein in execution proceedings bearing Execution Application No. 176/2020 initiated under Section 71 of the Consumer Protection Act, 2019. The present petitions have been filed by the other three directors of the same company 'Shree Vardhman Infrahome Private Limited,' namely Manish Aggarwal, Nitin Aggarwal and Sachin Jain, and impugn the same order.
7. The counsel for the petitioners submits that the present petitions are squarely covered by the aforesaid judgment dated 4th October, 2021.
8. The counsel appearing on behalf of the respondents on advance notice, fairly states that Section 71 of the Consumer Protection Act, 2019 does not empower the NCDRC to issue an individual recovery certificate against the director of a company. However, he submits that proceedings under Section 72 of the Consumer Protection Act, 2019 can be initiated against the petitioner in his capacity as a director of the judgment debtor company.
9. Section 71 of the Consumer Protection Act, 2019 provides that every order made by the NCDRC shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (CPC) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under the said Act.
10. This Court is unable to find any provision under the Consumer Protection Act, 2019 to make a director liable for the decree passed against the company and such a provision does not exist in the Consumer Protection Act, 1986 either. Since, neither were the petitioners a party to the consumer complaint, nor had the decree dated 15th January, 2019 of the NCDRC been passed against the petitioners, and furthermore, the petitioners were not even arrayed as a party in the execution application, the Executing Court could not go behind the decree in such a manner to execute the decree against the petitioner. Therefore, the impugned order to the extent that the individual recovery certificates have been directed to be issued against the petitioners, is without jurisdiction.
11. Accordingly, in terms of the order dated 4th October, 2021 passed by this Court in CM(M) 676/2021 titled Sandeep Jain Vs. Akash Gupta & Ors., the direction of the NCDRC to issue individual recovery certificates against the petitioners is set aside. The recovery certificates, if having been already issued in terms of the impugned order, stand cancelled.
12. It may be noted that in the impugned order, the NCDRC has not adjudicated on whether the provisions of the Consumer Protection Act, 2019 or the Consumer Protection Act, 1986 are applicable to the execution proceedings before it, and has kept the question open. However, taking into account the fact that the NCDRC has passed the impugned order under Section 71 of the Consumer Protection Act, 2019 and directed recovery proceedings by the issuance of individual recovery certificates against the petitioners thereunder, this Court has proceeded to principally analyse the merits of the present petition in light of the provisions of the said Act. Such an exercise does not make any difference to the case at hand as neither of the aforesaid Acts contains provisions, whereby a director can be held liable for the decree passed against the company.
13. It is clarified that this Court has not given any finding on the question of whether in respect of the execution proceedings, the provisions of the Consumer Protection Act, 1986 or the Consumer Protection Act, 2019 would be applicable. It is further clarified that this Court has not gone into the aspect of proceedings that are sought to be initiated against the petitioner under Section 72 of the Consumer Protection Act, 2019.
AMIT BANSAL, J OCTOBER 28, 2021 ak
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