State Consumer Disputes Redressal Commission
Tanaji Umrao Sardar & Ors. vs Hindurao Chandrakant Patil on 10 January, 2012
A-1127/2003
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
First Appeal No. A/06/1858
(Arisen out of Order Dated 02/03/2005 in Case
No. 811 to 817/2003 of District Solapur)
1.Tanaji Umrao Sardar R/o. At post Tavashi, Tal. Pandharpur Maharashtra
2. Bhaskar Audumbar More R/o. At Post Chale, Tal. Pandharpur Maharashtra
3. Vijay Balasaheb Deshmukh R/o. At post Kasegaon, Tal. Pandharpur Maharashtra ...........Appellant(s) Versus
1. Hindurao Chandrakant Patil R/o. At Post Degaon, Tal Pandharpur Maharashtra
2. Vivekanand Premraj Patil R/o. At post Degaon, Tal. Pandharpur Maharashtra
3. Dinesh Ashok Patil R/o. At Post Degaon, Tal. Pandharpur Maharashtra
4. Nagnath Ashok Patil R/o. At post Degaon, Tal. Pandharpur Maharashtra
5. Premraj Bhagwat Patil R/o. At Post Degaon, Tal. Pandharpur Maharashtra
6. Ramesh Bhagwat Patil R/o. At post Degaon, Tal. Pandharpur Maharashtra
7. Shri. Datta Nagari Sahakari Patsanstha Manager, Navi Peth, Pandharpur Maharashtra ...........Respondent(s) BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER Hon'ble Mr. Narendra Kawde MEMBER PRESENT:
Both parties are absent.
ORAL ORDER Per Shri S.R. Khanzode, Honble Presiding Judicial Member Both parties are remaining absent in spite of notice published on the Notice Board of this Commission, Bar and on Internet as well as separate notice sent by post by way of abundant precaution on 23/12/2011.
2. This appeal is against the order where it is alleged that non-bailable warrant was issued in the Execution Proceeding against the appellants. We find the appeal is misconceived. No appeal would lie against the direction to issue non-bailable warrant. Furthermore, since, purpose of non-bailable warrant is to secure presence in the Execution Proceeding since appellants were perhaps remaining absent before the Forum, we find no fault with the impugned order.
3. For the reasons stated above, we find that the appeal is devoid of any substance.
We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is not admitted and rejected accordingly.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced Dated 10th January 2012.
[Hon'ble Mr. S.R. Khanzode] PRESIDING MEMBER [Hon'ble Mr. Narendra Kawde] MEMBER dd