Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Misc. Application no.235/2024

NIAC Ltd. & anr. vs. Mahashakti Gram Udyog & anr.

ORDER

(Delivered by Sri Vikas Saxena, Member)

26.9.2024

This Miscellaneous Application has been moved by the applicant for taking relevant documents on record of appeal  no.304 of 2022.

Heard the learned counsel for the applicant Sri S.K. Sharma and ld. counsel for the respondent Sri B.P. Dubey.

The ld. counsel for the respondent Sri B.P. Dubey argued that in appeal no.304 of 2022 argument of both the parties were heard and the appeal was reserved on the same day. It is settled law that after the case/appeal which are reserved for judgment, no further proceedings can be done by a court and no application can be entertained, therefore, the application is liable to be  rejected on this ground only.

The arguments raised on behalf of the resident appears to be justified. It is held by Hon’ble Apex Court in case of Arjun Singh vs. Mahendra Kumar, reported in AIR 1964 SC 993, that when the hearing of any case is complete and the case is fixed only for pronouncing the judgment, no application can be entertained and the court  can only pall the judgment.”

However, in this particular case, the arguments were heard on the date fixed and the order sheet of the proceeding of appeal reveals that the appeal is released and this appeal is now no more reserved for judgment still the bench finds that instead of allowing this miscellaneous application in the interest of justice, it would be better if whole of the records of the ld. District Consumer forum is summoned, so that all documents submitted by both the parties are before this bench for complete adjudication of the appeal.

Hence, the application is rejected. But, at this stage, it is found by this bench that for expedient and effective disposal of the appeal, it is necessary to summon the relevant record of complaint no.129/2013 from the ld. District Consumer Forum, Muzaffarnagar so that all documents submitted there can be looked into and can be perused by this bench for expedient and effective disposal of the appeal.

(2)

The stenographer is requested to upload this order on the Website of this Commission today itself.

Certified copy of this judgment be provided to the parties as per rules.

         (Sudha Upadhyay)                      (Vikas Saxena)

                 Member                              Presiding Member

Jafri, PA I

Court 3