M.C.No.494 of 2022
R.P.No. 48 of 2022
Heard learned counsel for the petitioners.
2. It is submitted by the learned counsel for the petitioners that the learned District Forum without considering the objection and written version of the OPs passed interim order dated 25.04.2022 in IA Case No. 4/2022 arising out of CC Case No. 38 of 2021. No opportunity was given to the O.Ps in the original complaint case to adduce evidence. It is submitted that the OPs may be given opportunity for hearing on the interim petition and the learned District Commission may pass speaking order.
3. Considered the submission of the learned counsel for the petitioners and perused the impugned interim order. No doubt the O.Ps have not beennoticed on the interim application. The learned District Forum observed that no notice is required in such case and by exercising the jurisdiction vested upon them passed the appropriate ex parte order. For the proper appreciation, the order dated 25.4.2022 is quoted below:-
“xxx xxx xxx
It is a fit case to exercise ours jurisdiction vested to pass appropriate ex-parte order. Therefore the Notice dtd. 01.12.2021 as well as acknowledgement of seizure dt.27/12/2021 issued by Ops are illegal and without basis the same liable to be quashed. Resultant the notice dtd.01.12/2021 as well as seized notice 27.12.2021 are hereby quashed. It is directed that the complainant shall deposit Rs.1,50,000/- (One lakh fifty thousand) only within 3 weeks from today, then the Ops shall release the vehicle forthwith. Accordingly the IA Case No.4/22 disposed off.
If the Ops delay in release of vehicle they shall pay to complainant Rs.3000/- per each day delay. No extra charges shall be taken by Ops while release the vehicle except the above mention amount.
Issue extract of order to the parties. Fixing dt.24.05.22 for compliance of order.”
4. The aforesaid order shows that the interim application has been disposed of but not a single observation has been made with regard to the written version and objection to the misc. case although the present petitioners submits that he has filed the written version and objection. Not only this but also the interim order does not disclose that the learned District Commission passed interim order basing on such materials available on record. It is settled principle of law that the judicial order should be passed with rational reasons. However, to give opportunity to the present petitioners to place the materials, we hereby direct the learned District Commission to hear both the parties on the interim petition dated 22.04.2022 afresh and pass speaking order within a period of 45 days from the date of receipt of this order. It is made clear that we have not expressed any opinion on the merit of the case. The petitioners are directed to produce the copy of this order before the learned District Commission on 30.08.2022 to take further instruction from it. Till disposal of the interim application impugned order dated 25.4.2022 passed in IA Case No. 4/2022 arising out of CC Case No. 38 of 2021 is stayed. Consequently, the Execution Application No.01 of 2022 which arises out of that interim order dated 25.4.2022 is also equally stayed till disposal of the interim application.
Revision petition is disposed of accordingly.
