Circuit Bench Nagpur

StateCommission

RE/08/41

(1)SHIVPRASAD M. KEDIA(2) VIJAY SHIVPRASAD KEDIA (3) GAJENDRA SHIVPRASAD KEDIA - Complainant(s)

Versus

GOPALRAO G. GURAVE - Opp.Party(s)

ADV N.B. KALANRTI

02 May 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
Revision Petition No. RE/08/41
(Arisen out of Order Dated 30/05/2008 in Case No. EA/07/63 of District )
 
1. (1)SHIVPRASAD M. KEDIA(2) VIJAY SHIVPRASAD KEDIA (3) GAJENDRA SHIVPRASAD KEDIA
R/O KHAPARDE GARDEN AMRAVATI
...........Appellant(s)
Versus
1. GOPALRAO G. GURAVE
KARANJA GHADAGE TQ KARANJA DIST. WARDHA
...........Respondent(s)
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
 
PRESENT:
 
Adv.Dhande
......for the Respondent
ORDER

PER SHRI P.N.KASHALKAR, JUDICIAL MEMBER

We perused the impugned order passed by the District Forum in Darkhast Case No.17/98 on 6/2/2007. The Revision Petitioner and the Respondent had entered into a compromise and as per the compromise, Revision Petitioner was to pay an amount of Rs.55,000/- to the Respondent and for that purpose he had issued a cheque, but it got bounced, and, therefore, fresh execution proceeding was filed, and after hearing the parties the Forum below directed that as per order passed in A No.870/98 the amount mentioned in that order shall be payable by the judgment debtor to the decree holder and besides that, an amount of Rs.1000/- as cost was also awarded. Aggrieved by this order, the original Opponents/judgment debtors filed this Revision Petition. We are finding that there is no substance in the Revision Petition. In the course of compromise, cheque has been issued by the Opponents and it got bounced. The Respondent has got every right to file execution proceeding afresh to recover the said amount and so, filing of execution proceeding and passing of order by the forum appears to be just and proper and there is no illegality committed by the Forum in passing the impugned order. Revision Petition is devoid of any substance.  Hence the order.

                                                                        ORDER

1.          Revision Petition is dismissed.

2.          No order as to costs.

3.          Inform the parties accordingly.

 

 

Delivered on 02/05/2011.

 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER

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