Smt. Mangala R. Karapurkar, vs Shri. Subhash Suhas Naik, on 6 November, 2013
In our view, and on the facts of this case,
the decision in State Bank of India vs. Shilendra Chaudhary (supra) is of no
assistance to the case of the OP. In
that case the civil suit appears to have been filed before the filing of the
consumer complaint and for that reason it was observed that as the Civil Suit
filed by the Appellant was pending before the Civil Court and parallel proceedings
for the same cause of action in the complaint would be a misuse of the process
of law as the complainant could seek relief in the said civil suit by filing a
counter claim, and, such the order passed by the Lr. District Forum was
disturbed.