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The Supreme Court while hearing a special leave to appeal on Monday remarked that a question of law was posed for its consideration i.e.,  whether the National Commission can pass an order to deposit the entire amount and/or any amount higher than the 50% of the amount in terms of the order of the State Commission while, entertaining the appeal in view of Section 51 of the Consumer Protection Act, 2019?

A bench of Justice MR Shah and BV Nagarathna was faced by this question of law while hearing an appeal.

Section 51 of the Consumer Protection Act, 2019 provides that no appeal by a person, who is required to pay any amount in terms of order of the State Commission shall be entertained by the National Commission unless the appellant has deposited 50% of that amount in the manner as may be prescribed.

"The question is whether the same can be said to be the minimum amount to be deposited by the appellant before his appeal is entertained by the National Commission", noted the bench.

The top court further questioned whether the same proviso bars and/or precludes the National Commission from passing an order on the stay application directing the appellant to deposit any amount higher than 50%.

Senior Advocate Siddartha Dave has thus requested the Court for some time to prepare to assist the Court.

The matter will now be heard on Monday, November 29.

Cause Title: Manohar Infrastructure Constructions Pvt Ltd vs Sanjeev Kumar Sharma & Ors.