Welcome Co-Operative Housing Society ... vs U.O.I., Ministry Of Consumer Affairs, ... on 29 August, 2023

[Cites 1, Cited by 1]

Bombay High Court

Welcome Co-Operative Housing Society ... vs U.O.I., Ministry Of Consumer Affairs, ... on 29 August, 2023

Bench: A.S. Chandurkar

                                         1                                 58-CAW-2484-2023.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR
                         CIVIL APPLICATION (W) NO. 2484 OF 2023
                           IN WRIT PETITION NO. 4078 OF 2023
(Welcome Co-Operative Housing Society Ltd., Nagpur, through its President & Anr. Vs. Union of India &
                                              Ors.)
   Office Notes, Office Memoranda of Coram,
   appearances, Court's orders of directions                    Court's or Judge's order
   and Registrar's orders.
           Shri S.Zia Qazi, Advocate for the applicants/petitioners.
           Shri N.S. Deshpande, Deputy Solicitor General of India for respondent no.1.
           Shri A.S. Fulzele, Additional Government Pleader for respondent no.2.
           Ms Swati Paunikar, Advocate for respondent nos. 5 to 10.

           CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : AUGUST 29, 2023 By this application, the petitioners who have preferred Appeal No. 11/2023 before the Maharashtra State Consumer Redressal Commission, Bench at Nagpur pray that further proceedings in the said appeal be stayed in view of the reasons mentioned in the application. On the basis of the order dated 9/8/2023, it is sought to be contended that while confirming the ad-interim stay the hearing of the appeal was fixed on 26/9/2023. The same has now been preponed to 18/8/2023. Referring to the application preferred by the respondents in the said appeal, it is submitted that by making incorrect statements, prejudice is sought to be caused to the mind of the learned Members of the State Commission.

2] We have perused the application as well as the order dated 9/8/2023. The State Commission has given reasons for preponing the hearing of the appeal. It is seen that the ad-interim stay granted has been confirmed on 9/8/2023 till final decision of the appeal. We therefore do not find any case made out to stay the hearing of the said appeal.

3] However, considering the fact that the order under challenge is one passed under Section 27 of the Consumer Protection Act, 1986 sentencing the representatives of the petitioners to simple imprisonment for two years, it is directed that in case any order adverse to the interest of the petitioners is passed by the State Commission, the same shall not be given effect to for a period of 2 58-CAW-2484-2023.odt four weeks. It is clarified that the appeal shall be decided on its own merits and in accordance with law.

4] The Civil Application is disposed of in the aforesaid terms.

WRIT PETITION NO. 4078/2023

5] Stand over 21/9/2023 to enable the respondents to file their affidavit-in- replies.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) SUMIT Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 29/08/2023 19:18:02

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