Supreme Court - Daily Orders
Samaresh Prasad Chowdhury vs Uco Bank on 21 October, 2019
Bench: K.M. Joseph, A.S. Bopanna
CA 8181/2019
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 8181/2019
(arising out of SLP(C) No. 9268/2017)
SAMARESH PRASAD CHOWDHURY Appellant
VERSUS
UCO BANK & ORS. Respondents
O R D E R
Leave granted.
The appellant calls in question the order of the High Court, by which the learned single Judge, according to the appellant, has made observations against him which are unwarranted, both on facts and in law.
The appellant is a Judicial Member of the State Consumer Disputes Redressal Commission, West Bengal. According to the appellant, in a case filed against the first respondent-bank on account of non-appearance on behalf of the first respondent-bank, the bank came to be proceeded ex-parte.
The case of the first respondent was that though it had approached by filing vakalatnama and seeking to set aside the order which was passed ex-parte, it was not being heeded to.
The complaint of the appellant is that the learned single Judge without appreciating the true state of facts and law, has made observations against him. The learned counsel would submit that on authorities, such Signature Not Verified Digitally signed by observations were uncalled for. He would submit that the DEEPAK GUGLANI Date: 2019.10.22 17:58:57 IST Reason: case of the appellant is that there is no power to set aside ex-parte order, as far as the State Commission is concerned. The amendment which was brought about only CA 8181/2019 2 empowered the National Commission under Section 22A of the Consumer Protection Act, 1986.
We have also heard the learned counsel appearing for the first respondent.
We are of the view that there is merit in the case of the appellant. The observations which have been made against the appellant herein appear to have been unjustified having regard to the actual statutory provisions contained in the Act in question, as interpreted by this Court in a three-Judge Bench decision in Rajeev Hitendra Pathak vs. Achyut Kashinath Karekar, (2011) 9 SCC 541.
In view of the above, the appeal is allowed. We direct that all the observations which have been made in the impugned order against the appellant will stand expunged.
....................J. [K.M. Joseph] ....................J. [A.S. Bopanna) New Delhi;
October 21, 2019.
CA 8181/2019 3 ITEM NO.44 COURT NO.17 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 9268/2017 (Arising out of impugned final judgment and order dated 05-10-2016 in CO No. 3185/2016 passed by the High Court At Calcutta) SAMARESH PRASAD CHOWDHURY Petitioner VERSUS UCO BANK & ORS. Respondents Date : 21-10-2019 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner Mr. P.S. Datta, Sr. Adv. Ms. Anwesha Saha, Adv. Mr. Fuzail Ahmad Ayyubi, AOR For Respondents Mr. Partha Sil, AOR Mr. Ruchir Mishra, Adv. Mr. Ramneek Mishra, Adv. Mr. Tavish B. Prasad, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending interlocutory applications, if any, shall stand disposed of.
(Deepak Guglani) (Indu Kumari Pokhriyal) Court Master Assistant Registrar (signed order is placed on the file)