Heard the learned counsel for the petitioners.
2. The only allegation of the petitioner is that he has not been given opportunity of being heard. Earlier the interim application has been already dismissed but again the interim application is filed after which the impugned order was passed not to sell the vehicle. He also submitted that long date was given for hearing of the misc.case but undisputedly the matter is disposed of without hearing of the present petitioners. Therefore, he prayed to set aside the interim order dated 6.2.2023.
3. Considered the submission. Perused the order.
4. The impugned order dated 06.02.2023 of the learned District Commission is as follows:-
“xxx xxx xxx
The advocate for the complainant files an Interim application supported by affidavit, praying for interim order U/S 38(8) of C.P.Act,2019, which is put up for consideration. In the facts & circumstances of the case, however, as an interim measure, the O.Ps are directed not to sell the vehicle of the complainant bearing registration No.OD-02-AV-4496 to any 3rd party outsider till appearance.
Communicate the O.ps accordingly and put up on the date fixed i.e on 21/04/2023 for hearing on the above petition filed U/s 38(8) of C.P.Act,2019 on merits in presence of both sides if objectin is filed by the O.ps or else the above order shall be made absolute and the petition shall stand disposed of accordingly.
4. The aforesaid order clearly shows that the O.Ps were not given opportunity of being heard .The impugned order was passed not to sell the vehicle.Since the impugned order was passed without hearing the OPs, we hereby direct the learned District Commission to hear the matter afresh by giving opportunity to the O.Ps and dispose of the interim application within a period of 15 days from the date of production of this order.Learned counsel for the petitioners is directed to produce the copy of this order before the learned District Commission on 28.03.2023 to take further instruction from it.
5. Revision petition is disposed of accordingly.