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Consumer court issues NBW, but OP not arrested


20-Oct-2023 (In Recovery Law)
In my execution case against builder, Lucknow consumer court had issued NBW against opponent party two times, but the OP is neither being arrested nor coming to court for his presence. What should I do now!
Answers (2)

Answer #1
509 votes
You can always request the court on the next date of hearing to start the proceedings with section 82 CrPC and declare him/her as a proclaimed offender and if after that he/she fails to appear before the court then his/her property can also be attached by the court.
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Answer #2
660 votes
In a civil case, on issuance of NBW, the OP is not arrested. NBW means that the local police officer in his jurisdiction will approach the OP and inform them of the case and next date of hearing and ask OP to be present. To ensure OP's presence, the police officer will make OP execute a bond, wherein the same will stand cancelled if he doesn't appear.
In Court, now, proceedings under Section 82 CRPC will proceed.
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