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.