PREM CHANDRA VARSHNEY Vs. MURARILAL SHARMA

JUDGEMENT

(1.) By this common order, we propose to decide at admission stage RP Nos. 2218 of 2007, 2219 of 2007 and 2220 of 2007 which arise out of identical orders dated 30.3.2007 passed by Consumer Disputes Redressal Commission UP., Lucknow.

(2.) Sixteen decree holders including the respondents had filed execution application(s) for execution of the order dated 20.11.2001 passed by the State Commission. In execution proceedings, the petitioner had filed objections alleging that he resigned as Director of Glars Ice & Cold Storage Pvt. Limited sometime in February, 1994 and in the meeting of the Board of Directors dated 24.2.1994 his resignation was accepted. It was stated that as he had ceased to be the Director of Company, the amount as per the award dated 20.11.2001 could not be realised from him. This objection was, however, over-ruled by the State Commission and Recovery Certificate for an amount of Rs. 6,79,327 was ordered to be issued against the petitioner in the name of District Collector, Agra.

(3.) Submission advanced by Mr. V.P. Sharma for the petitioner is that the execution application(s) filed on 21.11.2005 were barred by limitation as having been moved beyond 30 days of the passing of order dated 20.11.2001; as provided under Clause (IV) of Regulation 14 (1) framed under the Consumer Protection Act, 1986 (for short the Act). Award cannot be executed against the petitioner who is no more the Director of Company. Execution application(s) could not have been filed simultaneously under Sections 25 and 27 of the Act.