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Execution Petition After State Commission Remand – Is It Maintainable?


14-Jul-2026 (In Medical Negligence Law)
My consumer medical negligence complaint was allowed by the District Commission. The opposite parties filed an appeal, deposited the mandatory 50% amount, and obtained a remand order. The compliance period granted in the District Commission's order has already expired, but the remanded proceedings have not yet commenced. Is it correct to file an Execution Petition before the District Commission for non-compliance of the original order, or should I wait until the remanded proceedings to end?
Answers (1)

Answer #1
775 votes
If the State Commission has set aside the original order and remanded the complaint for fresh adjudication, the original order ordinarily ceases to be executable. In such a situation, an Execution Petition based on that order is generally not maintainable. However, the exact position depends on the wording of the remand order. Therefore, obtain the certified copy first. If the remand is unconditional, it is advisable to participate in the fresh proceedings before the District Commission rather than pursue execution. If any specific directions of the appellate order have been violated, appropriate relief may be sought in accordance with those directions.
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