• Liquidation

State Consumer has passed decree in my favour and it was not abided by opposite party,hence I filed Execution Application under 27 of CP act in dist consumer. 7 months has passed still I have not got relief.Section 27 is for arrest.
Now can I file for Liquidation in Consumer court?or any other court..
Will it be admitted?. Opposite party is cooperative society ltd.
In the Execution Application can I now pray for Liquidation and freeze of bank account ... please advise
Asked 5 years ago in Civil Law

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17 Answers

1. You have taken resort to right course of action to implement the order passed by the commission.

2. However it is not clear why and how the execution case is pending for 7 months without any visible results.

3. In the Execution case the commission is equipped with power to issue warrant of arrest against the person responsible to implement the order along with passing order for attachment their properties.

4. So without knowing the present status of the case no further action can be advised.

5. No insolvency proceeding under IB Code is permissible before the NCLT under the present circumstances.

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

Section 27 of the CPA is applicable in case of non-compliance of an order of the forum. It can be invoked for failure to pay an amount due under an order of the consumer forum, or for disobedience of the directions given. These are criminal proceedings 

 


2) This means that the complainant who seeks to enforce the order must appear before the district forum and his statement must be recorded. After this, summons are issued to the person who is accused of not having complied with the forum’s order. If the accused fails to appear, the forum has to issue a bailable warrant through the police to secure his presence. Even when the accused appears, he has to submit a bail application. In ordinary course, bail must be granted, and jail is an exception. Along with bail, the accused must furnish a personal bond or surety as may be directed by the consumer forum.

 

3) you have already taken out execution proceedings .wait for results 

 

 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

But you can pray for arrest warrant and attachment of their assets

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

See recovery shall be through consumer court only they can order attachment. 

Yes you can pray for attachment of accounts and property of society.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should file contempt petition, if not filed, file it today and in this application pray for freezing the bank account etc.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Liquidation/insolvency will file in NLCT.

Only arrest will order by court and recovery will be done by collector on the order consumer court.

Press execution petition.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

Dear

As you have already initiated the execution petition then it is better if you way for the outcome of execution.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No such provision is available in law for liquidation.

You may have to execute the arrest warrant in your own interest through the local police by taking a hand warrant to the police station directly from the consumer court.

The process may be a long one but that is the only relief available with you if you had opted for it or you can ask your advocate for any alternate option than this.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

1. Yes your husband can represent if you authorize him by your POA to appear before the court.

2. You can take a NOC on new vakalatnama from old advocate and can appoint new advocate for the case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes he can represent. 

You can appoint another lawyer by sending the earlier advocate a letter for noc

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

1. In the consumer case the husband of the complainant can conduct the case on her behalf on the basis of an authorisation letter.

2. Once your present advocate gives NOC you can engage another advocate of your choice.

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

No need to pay Rs 10000 to Lawyer for NOC 

 

2) send notice to lawyer by registered post that you don’t want to engage his service anymore 

 

3) your husband can appear in person 

 

4) appoint any other lawyer with court permission 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

To appoint new advocate pay him fees

sign his Vakalatnama and he will appear on your behalf in next date of hearing. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Appearing in consumer court does not require a lawyer and you can represent yourself. 

when you want to change your advocate, you may need the consent or “no-objection” from the existing advocate for engaging a new advocate in his place.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You and your husband can appear before the bench by giving letter of authority to the court and obtain their permission,

or 

You can also appoint another lawyer by filing vakalatnama of that very particular advocate in the court and inform the court that now so and so will represent us before the bench.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Yes, you can give him POA.

Get NOC , if denied, complainant bar office. Advocate cannot demand money in lieu of NOC.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

1.  The lawyer fee shall continue till the day he had been engaged by you for the services, you cannot say that there are no dues to be paid to the lawyer, even signing the NOC is also part of the service rendered by an advocate, however you may request him to reduce the final payment to some extent.

2.  You can get NOC from this lawyer in a blank vakalat and give it to the newly engaged advocate.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

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