Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Mr.Rajesh Kanojia, Advocate present for the petitioner and Mr.B.S. Patil, Advocate present for the respondent. Admit and heard forthwith with consent of both the parties.
This is a Revision Petition filed against the order dated 01/11/2012 passed in consumer complaint No.334/2012, Mr.Babasaheb Sadashiv Salokhe V/s. Shriram Transport Finance Co. Ltd., by District Forum, Kolhapur.
It was an order on Interim Relief Application passed by In-charge President of the District Forum. If such order was passed by available Member only, then in those circumstances, once Regular Bench is constituted, this order needs to be placed before the Regular Bench for confirmation and/or rectification. This is, admittedly, not done as stated at the Bar by both the parties. Under the circumstances, this order though passed by concession, as per the administrative instructions, is non-est since passed by improperly constituted Bench. Therefore, it is a fit case where the matter is to be remitted back to the District Forum, so that parties would get an opportunity to make their submissions before the District Forum and thereafter, the District Forum can decide the Interim Relief Application on merit. We hold accordingly and pass the following order :-
-: ORDER :-
1. Revision Petition is allowed. The impugned order dated 01/11/2012 is set aside. The matter is remitted back to the District Forum in the light of the observations made in the body of the order.
2. Both parties shall appear before the District Forum on 17/07/2013.
3. In the given circumstances, both parties to bear their own costs.
4. Copies of the order be furnished to the parties.
Pronounced
Dated 1st July 2013.
