Court allowed the Writ Petition setting aside the 'Dismissed In Default' order of the State Consumer Commission, restoring the first appeal subject to deposit of costs.
Impugned order set aside; First Appeal restored to State Consumer Commission subject to deposit of Rs. 6000/- by the petitioner.
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902wp11304o17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 11304 OF 2017
BHARAT VITTHALRAO SHETE
VERSUS
THE MANAGER PREMIER MOTORS MUMBAI AND OTHERS
Advocate for the Petitioner : Shri Anjanwatikar Vinay B. Advocate for Respondent 1 : Shri Amol Gandhi. Advocate for Respondent 2 : Shri M.V.Navandar. Advocate for Respondent 3 : Shri Narwadkar Mrigesh D..
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 04th October, 2017
Per Court:
1 The Petitioner is aggrieved by the "Dismissed In Default" (DID) order passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai, Circuit Bench at Aurangabad dated 25.07.2017 in First Appeal No.144/2017.
3 The learned Advocates for the Respondents have strenuously
prayed that this petition be dismissed with costs. In the alternative, it is prayed that costs of Rs.25,000/- be imposed.
4 This Court has consistently taken a view in several cases, some of which are as under:-
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902wp11304o17
Company Limited, Writ Petition No.8401/2013, judgment dated 16.01.2014.
(b) Kapurchand Kotecha Urban Cooperative Credit Society Limited vs. Mangilal Bhikchand Jain, Writ Petition No.531/2014, judgment dated 20.02.2014.
thereby, setting aside the DID orders passed by the State Consumer Commission and restoring the First Appeals by imposing costs of Rs.5000/- on the Appellants.
5 Considering the above, this Writ Petition is allowed in the light of the law laid down in the above referred cases. The impugned order is set aside and the First Appeal is restored to the file of the State Consumer Commission subject to the Petitioner depositing costs of Rs.6000/- (Rupees Six Thousand) keeping in view that there are three independent Respondents before the State Consumer Commission. The Petitioner shall deposit the above costs before the State Consumer Commission on or before 31.10.2017. The three Respondents herein shall receive the said costs without conditions, in equal proportions.
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6 All the litigating parties request that the matter be posted on a particular date before the State Consumer Commission so as to avoid wastage of time. The request is accepted. All the litigating sides shall appear before the State Consumer Commission on 31.10.2017.
7 The Petitioner should note that any further default by remaining absent, would enable the State Consumer Commission to dismiss the matter in default, in which circumstances, no further request would be entertained.
kps
1 issue framed by the court
Whether to set aside the Default Order passed by the State Consumer Commission and restore the First Appeal.
Colour shows how this judgement treated each authority
Hemlata Kantilal Thole vs. United India Insurance Company LimitedFollowed¶3
Hemlata Kantilal Thole vs. United India Insurance Company Limited, Writ Petition No.8401/2013, judgment dated 16.01.2014
Kapurchand Kotecha Urban Cooperative Credit Society Limited vs. Mangilal Bhikchand JainFollowed¶3
Kapurchand Kotecha Urban Cooperative Credit Society Limited vs. Mangilal Bhikchand Jain, Writ Petition No.531/2014, judgment dated 20.02.2014
Arun Sudamrao Modale vs. Sangmeshwar Tractor Authorised DealerFollowed¶3
Arun Sudamrao Modale vs. Sangmeshwar Tractor Authorised Dealer, Ahmedpur and another, 2014 (4) Mh.L.J. 757 · Who else cites this
BHARAT VITTHALRAO SHETE
THE MANAGER PREMIER MOTORS MUMBAI
OTHERS
RAVINDRA V. GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
