This Appeal Execution Case was filed challenging the Order dated 13.06.2024 passed by the State Consumer Disputes Redressal Commission, Rajasthan vide which Proceedings under Sections 82 & 83 of the CrPC were ordered to be initiated against the Directors of the Appellant Company, which is the Judgment Debtor in Miscellaneous Case No. 40 of 2022.

2.      Reliance of the Appellant is on an earlier Order passed by this Commission on 09/02/2022 in FA/282/2021 vide which an opportunity was granted to the Appellant to deposit 20% of the amount ordered by the State Commission, in lieu of which coercive processes against the Appellant were stayed. 

3.      However, FA/282/2021 in which the aforesaid Interim Order was passed was subsequently disposed off finally on 23/05/2023 with the following directions:-

“20.       In view of the discussion above, I find no illegality, material irregularity and jurisdictional error in the Order of the State Commission.  The First Appeal is dismissed and Order of the State Commission partly upheld and modified as under:

1. The Appellant/Petitioner shall refund the entire deposited amount to the Respondents along with compensation in the form of simple interest on that amount @ 9.40% per annum with effect from the date of each payment, till the date of refund.
2. The Respondent No. 3 (HDFC Ltd.) shall provide a statement of loan account and dues payable to the Appellant/Petitioner (Builder) and the Respondents No. 1 & 2 within two weeks of this Order.  Thereafter, the Builder shall pay the due amount to the Bank within six weeks of receipt of the statement and pay the balance to the Respondent No. 1 & 2 as per the Order above within the same period.
3. The Appellant/ Petitioner shall also pay a sum of Rs.50,000/- as cost of the litigation to the Respondents Nos.1 & 2.
4. The payment in terms of this Order shall be paid within eight weeks from this Order.  Any delay beyond eight weeks shall attract an interest rate of 12% p.a. for the same period.”

4.      It is the contention of the Appellant that it had requested the Hon’ble State Commission to give a final Calculation after adjusting 20%  of the amount and an additional amount of Rs.2 Lakhs already paid alongwith a direction on the HDFC Bank for handing over the No-Objection Certificate/No-Dues Certificate directed in its favour.  But the Ld. State Commission in the impugned Order is alleged to have arbitrarily issued the Orders declaring the Appellant’s Directors as Proclaimed Offenders.

5.      In compliance of an earlier Order passed by us in this Appeal Execution on 16/08/2024, the Appellant has filed its Affidavit in compliance alongwith copies of certain Orders which are Annexures P-1 to P-4 to the Affidavit.

6.      Perusal of the Order dated 28/08/2023 however goes to how that after the FA/282/2021 had been finally disposed off, the State Commission vide its Order dated 03/07/2023  had made available the statement of Loan Account  to the Appellant and directed it to make the payment in compliance of the final Order of this Commission in the aforesaid First Appeal, which it failed to do, on account of which coercive processes were subsequently issued by the State Commission.

7.      The Appellant from its side has deposited an amount of Rs.40,18,644/- only in compliance of an earlier Order dated 24/07/2024.  It is seen from the final Order passed in FA/282/2021 that the HDFC Bank which has been arraigned as Respondent No.3 in this Appeal Execution, was never a Party in the said Appeal, and does not also appear to have been impleaded as such in the original Complaint which had been allowed, although copy of the said Complaint is not on the Record of this Appeal Execution Application.

8.      Be that as it may, compliance of the decree in the given circumstances cannot be made conditional to issuance of any Non-Objection Certificate/No-Dues Certificate by the HDFC Bank Ltd., which was not a Party to the original Proceedings.  For this reason, we find no merit in the submission that Execution against the Appellant cannot proceed on account of non-compliance of the No-Objection Certificate/No-Dues Certificate on the part of the Bank which is not a Party to the decree in question.

9.    The Appeal Execution is therefore dismissed and the Appellant is directed to make full payment of the decretal dues to the Respondents/Decree Holders after exchanging the Calculation of all the outstanding decretal dues with the Decree Holders before the Ld. State Commission, after which the Parties shall be at liberty to withdraw the amount deposited by the Appellant in this Commission towards final satisfaction of the decree/or refund of any excess amount remaining, after full satisfaction by moving an appropriate Application in this regard.

10.    The Ld. State Commission shall endevour to determine the final liability with updated interest of the Appellants/Judgment Debtor as expeditiously as possible, after taking notice of the amount deposited in this Commission by the Judgment Debtor, which may later be released in favour of the Decree Holder to the extent warranted.

11.    The Interim Order passed earlier on 24/07/2024  is ordered to be extended till two weeks after the Parties appear before the Ld. State Commission during which the exchange of Calculation Sheets shall be done as directed earlier.  In case the Judgment Debtor does not endevour to satisfy the decree by submitting its Calculation Sheets within this time, the Ld. State Commission shall be at liberty to pass appropriate coercive Orders against its Directors as might be warranted at that stage.

12.    The Appeal Execution Application is accordingly disposed off with the aforesaid directions.

13.    Parties to now appear before the Ld. State Commissionon 29/10/2024.