maintainability - The Legal Chamber

This judgment addresses an anomaly in Section 25 of the Consumer Protection Act, 1986, as amended in 2002, which inadvertently limited enforcement to "interim orders" only. The Supreme Court applied purposive interpretation to read "any order" in place of "interim order," thereby allowing enforcement of final orders as decrees under CPC Order XXI for the period 2003–2020. It also clarified that appeals against execution orders lie only to the State Commission, with no further appeal. Facts Of The Case: The appellant, Palm Groves Cooperative Housing Society Ltd., comprising flat purchasers, filed a consumer complaint against the respondent builder, M/s Magar Girme and Gaikwad Associates, alleging deficient services and seeking execution of a conveyance deed for the common areas. The Distr...

This Supreme Court judgment holds that a non-signatory to an arbitration agreement has no legal right to be present in the arbitral proceedings as the award would not bind them, violating the confidentiality mandate under Section 42A. Furthermore, a court becomes functus officio after appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and cannot entertain subsequent applications for intervention or issue ancillary directions. Facts Of The Case: The case originated from an oral family settlement between Pawan Gupta (PG) and Kamal Gupta (KG), later recorded in a Memorandum of Understanding/Family Settlement Deed (MoU/FSD) dated 09.07.2019, which was not signed by KG’s son, Rahul Gupta (RG). PG initiated proceedings under Section 11(6) of the Arbitra...

Tag: maintainability

Supreme Court Ensures Consumer Rights Are Enforced : No More Paper Decrees

Supreme Court Reins In Judicial Intervention in Arbitration After Appointment