Heard learned counsel for the petitioner. He submitted that learned District Commission has passed the impugned order on 25.03.2022 by directing the petitioner to release the vehicle  and subsequently passed a ex-parte order and the petition is filed by the petitioner to review the order on the ground that the OP has already approached the arbitration proceeding  and the learned Arbitrator has passed the order on 27.09. 2021 to take over possession of the tractor by the receiver. He submits  that in view of the proceeding already started,award passed, the consumer complaint not maintainable. On this ground he filed the review application but it was rejected by the learned District Commission  without application of judicial mind on 27.06.2022.

 2.                    Learned counsel for the petitioner challenged  both the orders in this petition.

3.                     Considered the submission of learned counsel for the petitioner, perused the record.

4.                   It is found that hearing of the complaint case has not started so far. But the written version has been  already filed. When the question of maintainability of complaint case is raised, same should be decided by the learned District Commission at first. We are therefore  of the opinion that the learned District Commission will take up the matter for hearing  after allowing   the petitioner  and OP to adduce evidence, if any, and dispose of case  within a period  of 45 days from  the date of receipt of this order. Since, the maintainability of the application is to be decided in the main hearing of the complaint case  upon the evidence adduced. We are not inclined to interfere   with the merit of the impugned order.

                  The revision petition is disposed of  in accordance with the  direction given above.  Copy of the order be supplied to the learned counsel for the petitioner who will produce same before the learned District Commission on 05.12.2022 to take further instruction.

                   The revision petition is disposed of accordingly.