AMIT NARANG & ANR. vs NARENDRA KANJANI & ORS.

Judgment text excerpt

$~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st July, 2025 + CM(M) 1296/2025 & CM APPL. 43156-43157/2025 AMIT NARANG & ANR. .....Petitioner Through: Ms. Meghna Rao with Mr. Harshit Goel, Advocate. versus NARENDRA KANJANI & ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are suspended Directors of Judgment Debtor Company. 2. When Execution Petition (EA No. 373/2023) was filed before the learned National Consumer Disputes Redressal Commission (in short “NCDRC”), it was taken up on 25.03.2025. Such suspended Directors were duly represented before the learned Commission and their counsel submitted that JD firm as well as suspended Directors were under insolvency proceedings and, therefore, the execution was not tenable against them. 3. Learned NCDRC directed the matter to be taken up on 07.04.2025. 4. However, there was never any direction to such suspended Directors i.e. Mr. Amit Narang and Mrs. Gunit Amit Narang to appear in person on next date. 5. When the matter was taken up by the learned NCDRC on next date i.e. on 07.04.2025, noticing that the Directors were not present, they have been burdened with cost of Rs.1,00,000/-. Signature Not Verified Digitally Signed CM(M) 1296/2025 1 By:SONIA THAPLIYAL Signing Date:23.07.2025 17:58:16 6. Such order dated 07.04.2025 is under challenge. 7. Learned counsel for petitioners submits that such suspended Directors were duly represented by the counsel on 07.04.2025 as well and they were ready to render complete assistance to the learned NCDRC but the cost has been imposed, merely, because of the fact that the Directors were not present personally, without appreciating the fact that there was no direction to said effect. 8. The next date before