Supreme Court - Daily Orders
Gurucharan Gulshan Mehta vs Bhushan Chiman Lal Jain on 25 January, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
ITEM NO.6 COURT NO.12 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).42550/2018
(Arising out of impugned final judgment and order dated 20-09-2018
in IA No. 17451/2018 and 21-05-2018 in CC No. 90/2018 passed by the
National Consumer Disputes Redressal Commission, New Delhi)
GURUCHARAN GULSHAN MEHTA Petitioner(s)
VERSUS
BHUSHAN CHIMAN LAL JAIN & ORS. Respondent(s)
(WITH I.R. and IA No.7413/2019-CONDONATION OF DELAY IN FILING and
IA No.7418/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No.7417/2019-EXEMPTION FROM FILING O.T. and IA No.7414/2019-
CONDONATION OF DELAY IN REFILING )
Date : 25-01-2019 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s) Mr. Arjun Garg, AOR
Mr. Manish Yadav, Adv.
Mr. Aakash Nandolia, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The National Consumer Disputes Redressal Commission (“NCDRC”) has held the right of the petitioner to file a written statement stands closed since no written Signature Not Verified statement was filed within the statutory period of thirty Digitally signed by SANJAY KUMAR Date: 2019.01.31 12:42:04 IST Reason: days as extended by a further period of fifteen days under the Consumer Protection Act, 1986. 2 A reference is pending before this Court arising out of an apparent conflict between the decisions in Topline Shoes Limited Vs. Corporation Bank1, Kailash Vs. Nankhu2 , Salem Advocate Bar Association Vs. Union of India3 , on the one hand, and J.J. Merchant & Ors. Vs. Shrinath Chaturvedi4 and NIA Vs. Hilli Multipurpose Cold Storage5, on the other.
Learned counsel for the petitioner has placed on the record an order dated 11 February 2016 passed in M/s. Bhasin Infotech and Infrastructure Pvt Ltd Vs. M/s. Grand Venezia Buyers Association (REG)6.
The issuance of notice to the respondents would inevitably result in a delay of the proceedings filed by them before the NCDRC. The first and second respondents are the complainants before the NCDRC. We are of the view that conditional on the complainants agreeing to the course of action which we propose, the written statement may be taken on the record subject to deposit of costs before the NCDRC quantified at Rs.50,000. The costs shall be deposited within a period of three weeks from today. If the complainants do not have any objection to the written statement being taken on the record subject to the costs which we have directed the petitioner to 1 [(2002) 6 SCC 33] 2 [(2005) 4 SCC 480] 3 [(2005) 6 SCC 344] 4 [(2002) 6 SCC 635] 5 [2014 AIOL 4615] 6 [Civil Appeal Nos.1083-1084 of 2016] 3 deposit, the NCDRC shall take the written statement on the record if it is filed within a period of three weeks from today, together with the deposit of costs. In that event, the complainants would be at liberty to withdraw the costs so deposited.
In the event that the complainants have any objection to the written statement being taken on the record, the NCDRC shall, in that event, adjourn the hearing of the proceedings until the disposal of the reference before this Court.
Since we have issued these directions without notice to the original complainants, we also grant liberty to the complainants to move this Court for variation of this order in the event it becomes necessary.
The Special Leave Petitions are accordingly disposed of.
Pending applications are also disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER