D.C.M. FINANCIAL SERVICES LTD vs VIRENDER KUMAR PUTHIA

ALL the revisions arise out of orders passed by the learned District Forum in different cases.

SINCE the dispute involved in all the cases is one and similar, therefore, all the revisions have been taken together for disposal. An order was passed by the learned Fourm that previsiously order for recovery was passed. The revisionist did not appear. Show cause notice was issued. Still nobody appeared. Then a warrant was issued against Bharat Ram, Director of the Company. Against this order the revisions have been filed.

The facts are very simple. The opposite parties are depsoitors with the revisionists. Their deposits were not paid. They filed complaint before the District Forum. The Forum allowed the complaints and passed order for recovery of various amounts. The compnay did not file any appeal against that order. The order has become final and nobody can go into the merit of the order that the order passed by the Forum is incorrect.

WHEN an order has been passed, it is to be exeucted. It is to be complied. The order was not complied. Then the complainant filed execution. In execution also, no body appeared. The Forum has got no option but to issue warrant. It was argued that the proceedings under Sections 25 and 27 are different proceedings. May it be so, but the revisionist has to pay the amounts to the complainants. It had not been paid. No body shall be prepared to hear law, rules, tenchnicalities, unless the payment is made. It was argued by the learned Counsel for the revisionist that the deposit can be obtained from the Company Law Board because the matter was pending there. It is true that the matter was pending there, but now the matter has been decided by the Company Law Board. A scheme has been laid down. The revisionist is not even complying with the scheme. Instead they filed a case in the High Court. The Single Judge of the Hon''ble High Court dismissed the writ on 17.1.2002. Against this order of the Single Judge, a special appeal has been filed before the Division Bench. It is said that Division Bench has not decided the special appeal but have passed the following order : "Notice be issued to the rest of the respondents returnable on 2nd Februrary, 2003. In the meantime the execution if carried out pursues in a decree passed either by Civil Court or that of Consumer Court, the same shall not be executed till disposal of this appeal. Since, the appeal has not been disposed of, the stay order continues and by this order, the decree passed even by the Consumer Court cannot be executed, till the stay is there."

THERE is no force in this revision. If warrant has been issued, the revisionist should appear before the Forum, should submit bail bonds to the satisfaction of the Forum and should file their objections, if any. But there is no illegality in the order passed by the learned Forum. THEREfore, the revisions are to be dismissed. However, since there is stay by the Hon''ble High Court, the execution shall remain stayed and the learned Forums are directed not to proceed with the execution till the final orders are passed by the Hon''ble High Court in the special appeal. With these observations, all three revisions are to be dismissed. ORDER All the three revisions are dismissed. However, cost of these proceedings shall be easy. THERE shall not be execution till the stay order passed in the special appeal is vacated. The copy of the order shall be placed in other connected revisions. Revisions dismissed.