FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/10676/2010 DINESH YADAV JOGI V/S THE STATE OF MAH AND ORS ... Shri V.D.Sapkal, Advocate for petitioners Smt. A.V.Gondhalekar, AGP for respondents 1 to 3, Shri Mukul S.Kulkarni, Advocate for respondents 4 & 5. ... CORAM : D.B.BHOSALE & S.B.DESHMUKH, JJ Dated : June 16, 2011 ... 1. In this Writ Petition, the petitioners are seeking direction to respondents 2 and 3 to execute the award dated 13.8.2008 passed by the District Consumer Forum. It appears that in pursuance of the award dated 13.8.2008, certificate under Section 25(3) of the Consumer Protection Act, 1986 has also been issued. In the certificate, a specific reference to the property of respondent No.5 is made and on the basis thereof respondents 2 and 3 have taken steps for its auction. We are not entering into the question as to whether respondents 2 and 3 can proceed against private property of a Member of the Managing Committee, since Shri Sapkal, learned counsel for petitioners, on instructions, made a statement that the petitioners shall not execute the award against the private property of respondent No.5 and he submitted that the petitioners would be satisfied if directions are issued to respondents 2 and 3 to execute the award against respondent 4 Society. 2. Shri Kulkarni, learned counsel for respondents 4 and 5, on instructions, submits that since respondent 4 society has not challenged the award passed by the District Consumer Forum, the society has no objection for execution of the award against the society and/or its property. The statements made by the learned counsel for the parties are recorded and accepted. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/10676/2010 3. Having considered the submissions and the prayers made in the Writ Petition we are satisfied that this petition can be conveniently disposed of by the following order : 4. Respondents 2 and 3 shall execute the award against respondent 4 Society. It is open to the petitioners to take steps to seek fresh certificate under section 25(3) of the said Act against respondent 4 - Society and its properties. Respondents 2 and 3 shall execute the certificate, that will be issued by the District Consumer Forum against the society as expeditiously as possible, preferably within a period of four months from the date of receipt of the certificate. 5. With these observations, Writ Petition is disposed of. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) akl