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Delhi High Court

M/S. Imperia Structures Ltd vs Moneesh Puri & Anr on 27 April, 2026

                          $~49
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                     Date of Decision: 27th April, 2026
                          +      CM(M) 900/2026 & CM APPL. 26492/2026
                                 M/S. IMPERIA STRUCTURES LTD.                 .....Petitioner
                                                Through: Ms. Ishita Singh and Mr. Pranjal
                                                         Mishra, Advocates.
                                                versus

                                 MONEESH PURI & ANR.                                  .....Respondents
                                              Through:           Mr. Akshay Amritanshu, Mrs. Swati
                                                                 Ghildiyal, Mr. Rishi Yadav, Mr.
                                                                 Mayur Goyal and Mr. Sarthak
                                                                 Srivastava, Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
                                                          ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 27th February, 2026 passed by the learned State Consumer Disputes Redressal Commission, Delhi, in EA/11/2026, whereby warrants of attachment of property of the petitioner have been issued.

3. Heard. Record perused.

4. The relevant portion of the impugned order dated 27th February, 2026 is reproduced as under:

"11. Issue warrants of attachment of the property mentioned below for amount of Rs. 2,05,48,532/-, executable through the concerned person mentioned below:
Signature Not Verified Signed By:MANISHA CM(M) 900/2026 Page 1 of 3 RAJPUT Signing Date:28.04.2026 11:19:14
                                        NATURE         DETAILS    OF          THE EXECUTABLE
                                       OF             PROPERTIES                 THROUGH
                                       PROPERTY
                                       Immovable    Registered office in the name    SHO
                                                    and style of M/S IMPERIA         PS:      Sarita
                                                    STRUCTURES LTD at:               Vihar,
                                                    A-25, Mohan, co-operative        Delhi
                                                    Industrial Estate, New Delhi
                                                    -110044
                                       Bank Account Name:      M/S      IMPERIA      Branch
                                                    STRUCTURES LTD.                  Manager
                                                    i.         A/c           No.:-   concerned,
                                                    917020052747613                  AXIS Bank
                                                    ii.Branch:- Axis Bank Ltd.
                                                    Jasola
                                                    iii.Address:- Ground Floor
                                                    &Basement Plot No. 51,
                                                    Pocket I,
                                                    Jasola, New Delhi-110025)
                                                    iv.       IFSC         Code:-
                                                    UTIB0001148


Warrant of attachment shall be issued by concerned official within three days from the date of this order. The warrants shall be returnable before the next date of hearing along with the necessary action taken by the concerned official."

5. Section 71 of the Consumer Protection Act, 2019 provides for the Enforcement of Orders and Section 72 provides for the penalty for the non-compliance of orders. Section 73 of the Consumer Protection Act, 2019 provides for an appeal against an order passed under Section 72. Section 73(1)(b) specifically provides that an order passed by the State Commission under Section 72 is appealable to the National Commission.

Section 73(1)(b) reads as under:

Signature Not Verified Signed By:MANISHA CM(M) 900/2026 Page 2 of 3 RAJPUT Signing Date:28.04.2026 11:19:14
"(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from-- ...
(b) the order made by the State Commission to the National Commission;"

6. Keeping in view the statutory provisions of the Consumer Protection Act, 2019, the present petition is not maintainable, as the petitioner has an efficacious alternative remedy of preferring an appeal before the National Commission against the impugned order.

7. Accordingly, the petition stands dismissed being not maintainable. Pending application(s), if any, also stand disposed of.

RAJNEESH KUMAR GUPTA, J APRIL 27, 2026/v/abk Signature Not Verified Signed By:MANISHA CM(M) 900/2026 Page 3 of 3 RAJPUT Signing Date:28.04.2026 11:19:14