Supreme Court - Daily Orders
Manohar Infrastructure And ... vs Suneel Bakshi on 26 May, 2020
Bench: Uday Umesh Lalit, Mohan M. Shantanagoudar, Vineet Saran
1
ITEM NO.7+8 VIRTUAL COURT NO.1 SECTION XVII-A
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.6560/2020
(Arising out of impugned final judgment and order dated 13-01-2020
in IA No.13784/2019 passed by the National Consumers Disputes
Redressal Commission, New Delhi)
MANOHAR INFRASTRUCTURE AND
CONSTRUCTIONS PVT. LTD. & ORS. Petitioner(s)
VERSUS
SUNEEL BAKSHI & ORS. Respondent(s)
(FOR ADMISSION and I.R.)
WITH
SLP © No.6426/2020 (SECTION XVII-A)
Date : 26-05-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE VINEET SARAN
For Petitioner(s) Mr. Siddharth Dave, Sr. Adv.
Mr. Pawan Rai, Adv.
Mr. Kamal Kumar Pandey, Adv.
Mr. Animesh Kumar, Adv.
Mr. Deepak Goel, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Mr. Siddharth Dave, learned Senior Advocate appearing for the petitioners invited our attention to the 2nd proviso to Section 19 Signature Not Verified Digitally signed by MUKESH KUMAR Date: 2020.05.27 of the Consumer Protection Act, 1986, which is to the following 15:47:17 IST Reason:
effect:2
“Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent of the amount or rupees thirty-five thousand, whichever is less.” Mr. Dave further submitted that in the circumstances, the order directing the petitioners to deposit the entire decretal sum along with interest component ought not to have been passed by the National Commission.
Issue notice, returnable in six weeks, subject to the condition that 50% of the entire decretal sum along with interest component shall be deposited by the petitioners in the Registry of the National Commission within four weeks from today. Notice shall be issued by the Registry only after proof of deposit is filed within five weeks from today. In case, no proof of deposit is filed, these special leave petitions shall stand dismissed without further reference to Court.
(MUKESH NASA) (PRADEEP KUMAR)
COURT MASTER BRANCH OFFICER