Date of Filing :10.06.2021

Date of Disposal:15.07.2021

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:15th JULY 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G.RAMESH : PRESIDENT

 

Mr KRISHNAMURTHY B.SANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

APPEAL Nos 439/2021 to 441/2021

 

Appeal No 439/2021

1. Mrs.Uma Suresh

    W/o Mr Suresh G

    Aged about 63 years

    No212, 5th Main, 10th Cross

    NGEF Layout, Nagarbhavi

    Bengaluru-560 072

 

2. Mr Suresh G

    Aged about 65 years

    No.212, 5th Main, 10th Cross

    NGEF Layout, Nagarbhavi

    Bengaluru-560 072 Appellants    

    (By Mr Sudharshan Suresh)

 

Appeal No.440/2021

1. Mrs Uma Suresh

    W/o Mr Suresh G

    Aged about 63 years

    No212, 5th Main, 10th Cross

    NGEF Layout, Nagarbhavi

    Bengaluru-560 072

 

2. Mr Suresh G

    Aged about 65 years

    No 212, 5th Main, 10th Cross

    NGEF Layout, Nagarbhavi

    Bengaluru-560 072 Appellants

    (By Mr.Sudharshan Suresh)

 

    Appeal No441/2021

    MrsUma Suresh

    W/o MrSuresh G

    Aged about 63 years

    No 212, 5th Main, 10th Cross

    NGEF Layout, Nagarbhavi

    Bengaluru-560 072 Appellant

    (By Mr Sudharshan Suresh)

- Versus-

    M/s KRK Properties Pvt. Ltd.,

    (A Company incorporated under

    the Companies Act, 1956)

    Having its Office at No.1779/15

    9th Cross, 6th Main Hampinagar

    Vijayanagar, Bengaluru -560 004

 

    Currently operating from

    No.125, 3rd Main, 5th Cross

    Behind ITI Layout, Geology Layout

    Nagarbhavi, Bengaluru-560 056

    Rep. by its Managing Director

    Mr K R Kannan                     Respondent       

      (Respondent is same in All the Appeals)

                                         -:COMMON ORDER:-

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1. All these three Appeals are filed under Section 41 of CP Act 2019 by the Complainants, aggrieved by the Order dated 27.04.2021 passed in Execution Petition Nos 8/2018, 06/2018 and 7/2018 respectively passed by the II Additional District Consumer Disputes Redressal Commission, Bengaluru.

 

2. In all these three appeals, the Respondent/OP is common and Appellants/Decree Holders are seeking similar relief on similar grounds and facts involved also are similar and one and the same, hence, they are taken up together for consideration.

3. DHRs in all these Appeals contended that the Commission below failed to take cognizance of the directions given by Hon’ble Supreme Court of India.  Further contended that the doctrine of Judicial discipline warrants that the Commission below ought to adhere to the directions laid down by Supreme Court of India in Civil Original Jurisdiction Suo Motu Writ Petition (Civil) No.3 of 2020, but, Commission below failed to offer any respite or lenience to the Appellant to grapple with Covid-19 pandemic.  Further contended that a Revenue Authority like that of Deputy Commissioner cannot be equated or placed on the same position to that of Judicial or quasi-judicial Authority as made in the Impugned Order.  The Impugned Order passed by the Commission below had deliberately feigned ignorance of the direction of Hon’ble Supreme Court.  Further contended that, on the strength in this proceeding, has resulted in initiation of several proceedings for rateable distributions of proceeds of assets belonging to the Judgement Debtor. Thus seeks to set aside the Impugned Order dated 11.06.2020 and 27.04.2021 passed by the District Commission.

 

4. Heard the Learned Counsel for the Appellant in all these three maters.

 

5. Perused the Impugned Order dated 27.04.2021.  The IA under Section 151 of CPC was filed before the District Commission in the Execution Proceedings for recalling of the Order dated 11.06.2021 by the Decree Holders against the Judgement Debtor, praying for rateable distributions of proceeds of the assets under section 73 of CPC.  Further Decree Holders also filed Writ Petitions before the Hon’ble High Court of Karnataka in WP Nos.7580/2020 and 7608/2020 and an ad-interim Stay Order was also granted by the Hon’ble High Court.  

 

However, on 11.06.2020, the Commission below closed all the three Execution Petitions in view of issuance of Certificate under section 25(3) of CP Act 1986 and given liberty to DHRs to pursue the matter with concerned Deputy Commissioner for recovery of dues.  There is no provision under CP Act 1986 empowering the District Commission to review or recall the Order dated 11.06.2020, since the new Act came into force w.e.f 20.07.2020 and the present application was filed after expiry of 30 days from 11.06.2020.  Therefore, application is not maintainable.

 

6. We perused the Order passed by the Hon’ble Supreme Court of India in Civil Original Jurisdiction Suo Motu Writ Petition (Civil) No.3 of 2020, wherein in Para 1 & 2 held that, in computing the period of Limitation for any Suit, Appeal, Application or proceedings, the period from 15.03.2020 till 14.03.2021 shall stand excluded.  Consequently, the balance period of Limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.  In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all proceedings shall have a Limitation period of 90 days from 15.03.2021.  In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.

 

7. Thus, without taking into consideration of Limitation extended by Hon’ble Supreme Court of India in Civil Original Jurisdiction Suo Motu Writ Petition (Civil) No.3 of 2020, the District Commission rejecting the Applications as not maintainable is un-sustainable.  In view of the decision of the Hon’ble Supreme Court, the Impugned Order dated 27.04.2021 is set aside and the matters are remanded to the District Commission, with a direction to the consider the application of the Decree Holders and Dispose of the Execution Petition as per Law.   

 

8. In view of the aforesaid reasons, Appeal Nos.439/2021, 440/2021 and 441/2021 are allowed.  Consequently, the Order dated 27.04.2021 passed in Execution Petitions 8/2018, 06/2018 and 7/2018 respectively passed by the II Additional District Consumer Disputes Redressal Commission, Bengaluru are hereby set aside and matter is remanded to the District Commission to dispose of the Execution Petition by considering the Applications filed by the DHrs as per Law.

 

9. Keep the Original of this Order in Appeal No.439/2021 and copy thereon in the rest of the Appeals.

10. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.

 

 

Lady Member Judicial Member                    President

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