Supreme Court - Daily Orders
Jalandhar Improvement Trust vs Prem Chand on 9 February, 2015
Bench: V. Gopala Gowda, R. Banumathi
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 1764 OF 2015
(Arising out of S.L.P.(C) No. 37330 of 2013)
JALANDHAR IMPROVEMENT TRUST ... APPELLANT(S)
VERSUS
PREM CHAND ...RESPONDENT(S)
WITH
CIVIL APPEAL NO. 1765 OF 2015
(Arising out of S.L.P. (C) No. 37434 of 2013)
O R D E R
Leave granted in both the special leave petitions. Heard learned counsel for appellant and the respondent-in-person.
These appeals are directed against the common impugned Order dated 13.09.2013 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as “the National Commission”) in Revision Petition Nos. 2461/2013 and 2500/2013 whereby the delays of 120 and 147 days are not condoned stating that the appellant has not assigned sufficient cause and good ground for condonation of delay. We have perused the impugned order passed by the National Commission. The National Commission, placing Signature Not Verified Digitally signed by reliance upon the judgments of this Court, declined to Sushil Kumar Rakheja Date: 2015.02.11 17:41:52 IST Reason: exercise its discretionary power and refused to condone the delay while hearing the Revision Petitions on merits of the case.
2In our considered view, having regard to the legal contentions urged questioning the correctness of the order impugned in the Revision Petitions, the National Commission ought to have exercised its discretionary power and condone the delay in the interest of justice that has not been done. Therefore, we deem it a fit case to condone the delay and allow these appeals and further remand the cases to the National Commission with a request to dispose of the Revision Petitions filed by the appellant herein questioning the correctness of the order dated 25.10.2012 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh, in First Appeal Nos. 158/2009 and 1173/2009 and dispose of the same within a period of four months from the receipt of a copy of this order.
Parties are directed to appear before the National Commission on 23.02.2015 to place their submissions and get the Revision Petition disposed of on merit.
With the aforesaid observations, the impugned Order passed by the National Commission is set aside and the appeals are allowed.
...........................J. (V. GOPALA GOWDA) ..........................J. (R. BANUMATHI) NEW DELHI, FEBRUARY 9, 2015 3 ITEM NO.58 COURT NO.10 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37330/2013 (Arising out of impugned final judgment and order dated 13/09/2013 in RP No. 2500/2013 passed by the National Consumers Disputes Redressal Commission, New Delhi) JALANDHAR IMPROVEMENT TRUST Petitioner(s) VERSUS PREM CHAND Respondent(s) (with interim relief and office report) WITH SLP(C) No. 37434/2013 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) Date : 09/02/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Mukul Aggarwal, Adv.
Mr. Dinesh Verma, Adv.
Mr. Subhasish Bhowmick,Adv.
For Respondent(s) Respondent-in-person UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner and the respondent-in-person.
Leave granted.
The appeals are allowed in terms of the signed order.
(S. K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER