Delhi High Court - Orders
M/S Tdi Infratech Ltd vs Rajesh Arora on 22 July, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM (M) 455/2021, CM APPLs.21494/2021 (by the petitioner u/S
151 CPC for interim relief) & 21495/2021 (Exemption)
M/S TDI INFRATECH LTD. .....Petitioner
Through: Ms. Kanika Agnihotri, Mr. Amer
Vaid and Ms. Yashodhara Gupta,
Advocates
Versus
RAJESH ARORA .....Respondent
Through: Mr. Nikhil Jain, Advocate.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 22.07.2021 [VIA VIDEO CONFERENCING] CM APPLs. 21495/2020 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CM (M) 455/2021, CM APPLs.21494/2021 (by the petitioner u/S 151 CPC for interim relief)
1. This petition has been filed challenging the order of the National Consumer Disputes Redressal Commission ('NCDRC') dated 14th June, 2021, whereby the petitioner was directed to deposit the entire decretal amount of Rs.34 lakhs (approximately) alongwith up-to-date interest with the State Commission within a period of eight weeks.
2. Ms. Kanika Agnihotri, learned counsel appearing for the petitioner Signature Not Verified Signed By:MANJEET KAUR CM (M) 455/2021 Page 1 of 2 Signing Date:22.07.2021 22:21:43 has drawn attention of this Court to the order dated 16th November, 2020 of the Supreme Court in Export Credit Guarantee Corporation Ltd. v. M/s Bharat Enterprises (CA Nos.3678-3679 of 2020) in respect of a similar order passed by the NCDRC. The Supreme Court in that case set aside the directions for deposit of the entire decretal amount with the State Commission and held that the second proviso to Section 51 of Consumer Protection Act, 2019 itself requires the deposit of only 50% of the decretal amount.
3. Learned counsel for the respondent, Mr. Nikhil Jain, who is present on advance notice, submits that there is another judgment which has been followed by the NCDRC for directing the deposit of the entire decretal amount and that the judgment of the Supreme Court in Export Credit Guarantee Corporation Ltd. (supra) is not applicable.
4. Re-list on 26th July, 2021.
5. The order be uploaded on the website forthwith.
ASHA MENON, J JULY 22, 2021 ck Signature Not Verified Signed By:MANJEET KAUR CM (M) 455/2021 Page 2 of 2 Signing Date:22.07.2021 22:21:43