MANAGER BAJAJ AUTO FINANCE LIMITED Vs. U.DHANASEKARAN

JUDGEMENT

(1.) The appeal is against E.P.No.61/2005 in C.O.P. No.305/2002 on the file of the District Consumer Disputes Redressal Forum, Madurai.

(2.) In our view, no appeal is maintainable against execution proceedings. The grievance of the appellant/opposite party/judgement debtor is that the E.P. had been taken on file under Order XXI Rule 11 of C.P.C. and that the E.P. has to be filed under Section 27 of the Consumer Protection Act. Their further grievance is that the District Forum had straightaway ordered arrest of the opposite party/judgement debtor without giving an opportunity to contest the case. In our view, quoting of wrong section can hardly be a ground for upsetting proceedings in execution. There is nothing to show whether any appeal has been filed against the order in the main complaint. The appeal is not maintainable.

(3.) In fine, the appeal fails and the same is dismissed. No costs.