M.C.No.518 of 2023

R.P. No. 57 of  2023

      Heard learned counsel for  the  revision petitioners.  2.   Learned counsel for the revision petitioners has challenged the warrant of arrest order  dated  12.05.2023 passed by the learned District Commission,Nabarangpur against the main petition. He submits that there is already order passed  against the present petitioners  in C.C.Case No.79/2017. He submits that since the order is passed against the order of Hon’ble Supreme Court of India passed in U.P.Power Corporation Vrs. Anish Ahamad2013 (3) CPR 670 (SC)and other decisions of Hon’ble Supreme Court of India the execution proceeding is also infructuous. He also submits that the show cause has already been  filed in the execution proceeding but warrant of arrest hasbeen issued without any reason.Therefore, he submits to quash the warrant of arrest  and set aside the impugned order passed by the learned District Commission,Nabarangpur.

3.      Considered the submission. The learned District Commission has passed the impugned order which is as follows:-           

                     “xxx                  xxx                  xxx

To

The SHO/IIC of Police, Police Station, Nabarangpur

Po/Dist - Nabarangpur

WARRANT OF ARREST

Section……Cr.P.C read with Section-35 Consumer Protection Act,2019)

Whereas Execuive Engineer,South Co.Nabarangpur and others, tands charged with the offence of non-compliance of judgement/Order dated 06.04.2018 of this District Consumer Disputes Redressal Forum,Nabarangpur,Odisha for which show cause notice has been issued on 01.12.2020 as to why he being punished under section-35 of the Consumer Protection Act,2019.

Hence,you are,hereby directed to arrest the said person and to produce him before the Forum immediately on or before dated 19.11.2018 without fail.

If the said Executive Engineer,South Co.Nabarangpur and others, offers and gives bail by executing personal Bond of Rs.25,000/- along with two solvent sureties for the like amount,or pay the decreetal amount in shape of cheque/DD along with other awards from the date of order to the date of realization, he/she may be released on bail with a direction to appear in person before the District Commission,Nabarangpur, if he/she released on bail by you those bail papers shall be produced before the District Commission immediately.”

4.      It appears that the petitioners have not challenged the complaint case order passed on 06.04.2018. Since it is not challenged,the execution proceeding was started against the present petitioners but we find the fault of the learned District Commission for issue of the warrant of arrest.Therefore, we hereby direct the learned District Commission,Nabarangpur to hear the petitioners afresh on the show cause filed by him within a period 30 days  from the date of receipt of this order. Till then the warrant of arrest   is stayed. The petitioner is directed to appear before the learned District Commission on 21.06.2023 to take further instruction from it.

      Revision petition is disposed of.