Supreme Court Issues Notice To Presiding Member Of NCDRC Seeking Explanation For Non-Bailable Warrants Issued Despite Its Protective Order
The Supreme Court has issued notice to the Presiding Member Subhash Chandra and the Member Dr. Sadhna Shanker of the National Consumer Disputes Redressal Commission (NCDRC) who issued non-bailable against the Directors of M/s Ireo Realtech Pvt.. Ltd. despite the protective order passed by the Supreme Court on a previous date of hearing.
The Supreme Court gave relief to the Appellant-Company and directed that no coercive steps should be taken against them in the Execution Application pending before NCDRC, New Delhi.
The Bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah ordered, “Having regard to the submissions made that despite an order passed by this Court directing that no coercive steps shall be taken against the Directors of the appellant-Company, the NCDRC has proceeded to issue Non-Bailable Warrants against them, it is deemed appropriate to issue notice to the Presiding Member and the Member of the NCDRC, calling upon them to explain how the order was passed on 02nd April 2024.”
Senior Advocate Ranjit Kumar appeared for the Appellant whereas Advocate Deepak Kumar Khushlani appeared for the Respondents.
The Court also directed the Members to file a reply to the show cause notice within one week of the date of the order and the Counsel for the Appellant was directed to bring the order to the notice of the members of the NCDRC.
In the present case, execution proceedings were initiated against the Company, which is a project developer of the project “The Corridors” located at Golf Course Extension Road, Sector-67-A, Tehsil & District Gurgaon, Haryana. The Respondent is one of the apartment buyers and complainant in the pending proceedings before NCDRC. It was the case of the Respondent that the Company Ireo Grace had failed to complete the project and hand over the possession to the Complainant despite making all payments.
The matter will now be listed on April 24 and, in the meanwhile, the stay on further execution proceedings will continue.
Cause Title: M/s Ireo Grace Realtech Pvt. Ltd. v. Sanjay Gopinath
Appearances:
Appellant: Senior Advocate Ranjit Kumar, Advocates E. C. Agrawala, Mahesh Agarwal, Rishi Agrawala, Anshuman Srivastava, Biswabara Dash, Abhimanyu Bhandari, Rooh-e-hina Dua, Dhanakshi Gandhi and Ruchi.
Respondents: Advocates Deepak Kumar Khushlani, Santosh Kumar Pandey, Chritarth Palli, Abhay Kumar and Shagun Ruhil