Orissa

StateCommission

RP/38/2022

ICICI Bank Ltd., - Complainant(s)

Versus

Baidyanath Associates - Opp.Party(s)

M/S N.K.Dash & Associates.

04 Jul 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/38/2022
( Date of Filing : 27 Jun 2022 )
(Arisen out of Order Dated 23/05/2022 in Case No. CC/67/2022 of District Jagatsinghapur)
 
1. ICICI Bank Ltd.,
At- Near Chakli Circle, Old Padra Road, Vadodra, Zonal Office at- 2nd Floor, OCCF Building, In front of Sriya Talkies, Janpath, Bhubaneswar, Dist- Khurda, Branch At- Plot No. B/1358, Sector-6, CDA, Dist- Cuttack.represented through its auth. signatory Miss Reena Nayak, D/o- Uchhab Nayak.
...........Appellant(s)
Versus
1. Baidyanath Associates
represented through Sri Sanjay Kumar Roul, Station Bazar, Tala Bania, Near BSNL Tower, Po/PS- Jagatpur, Dist- Cuttack, At- Present Baidyanath Associates. represented through Sanjay Kumar Roul, At- Badapadia, Paradeep Port, paradeep, Dist- Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/S N.K.Dash & Associates., Advocate for the Petitioner 1
 
Dated : 04 Jul 2022
Final Order / Judgement

 

          Heard learned counsel for the petitioner.

2.        Learned counsel for the petitioner submitted that they have been heard in the matter but the order dated 7.4.2022 is made absolute without assigning any reason although they have raised objection to the interim application,  vide  Misc. Case No. 58 of 2022. He further submitted that since the interim order is cryptic and without any basis alleged, the prayer of the complainant  made in  interim application, the same should be set-aside by allowing the revision.

3.        We have heard the learned counsel for the petitioner and perused the interim order dated 23.5.2022 passed in Misc. Case No. 58 of 2022.

4.        Taking into consideration the nature of the interim order passed, we do not want proper to issue notice to the O.P and decided to pass order at the stage of hearing on admission. The interim impugned order dated 23.5.2022 passed in Misc. Case No. 58 of 2022 arising out of CC No. 67 of 2022 is as  follows:-

                              “xxx   xxx   xxx

Advocate for both the parties are present. Heard both the parties. Considering the facts and circumstances  the order No.01 dt.07.04.2022 in Misc.Case No.58/2022 is hereby made absolute, and also opposite parties are directed not to take any coercive action against the complainant in respect to the vehicle bearing Regd.No.OD-09-S-0375,leaving rest to be decided at the disposal of consumer complaint.”

5.        The aforesaid order is no doubt defective  one  as no reason has been assigned to make the earlier ex parte order absolute. The judicial propriety demands  that every order must be preceded with reason rational  to come to a conclusion. When the  impugned order does not narrate the reasons for reaching the conclusion, we have no hesitation to set-aside the same. Hence, the interim order dated 23.5.2022 passed in Misc. Case No. 58 of 2022 by the learned District Commission, Jagatsinghpur is set-aside but remanded the matter to the learned District Commission to hear both the parties on Misc. Case No. 58 of 2022 arising out of CC No. 67 of 2022 afresh and pass speaking order within 30 days from the date of receipt of this order. Both the parties are directed to appear before the learned District Commission on 18.07.2022 to take further instruction from it.

6.        The revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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