NCDRC

NCDRC

FA/48/2007

STATE BANK OF INDIA - Complainant(s)

Versus

M/S RACHAT EXPORTS AND ORS. - Opp.Party(s)

MR. S.L. GUPTA

08 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 48 OF 2007
 
(Against the Order dated 13/11/2006 in Complaint No. 171/1997 of the State Commission Delhi)
1. STATE BANK OF INDIA
707, WILSHIRE BOULEVARD, STE 1995,
LOS ANGELES CALIFORNIA 90017-3587
-
...........Appellant(s)
Versus 
1. M/S RACHAT EXPORTS AND ORS.
104, NAG RAJ APARTMENT, J-10, LAXMI NAGAR,
WEST HIGH COURTS ROAD,
NAGPUR - 440022
2. Phoenix Air Services
SF-8, Bhikaji Cama Place
New Delhi
3. Swift frieght Moovers
L-2, Ist Floor,Green Park Extension
New Delhi-110016
4. Punchline Clothing Co.
3838, So Hill Street Los Angeles, CA 90017,
United State of America
5. Singapore Airlines Ltd.
315, Inder Prakash Building ,21, Barakhamba Road,
New Delhi-110001
6. Oriental Bank of Commerce,
(Overseas Branch) 85-A , Rishya Mook Buildings Panchkuin Road
New Delhi
7. State Bank of India (International Division )
Central Office Post Box No. 10121,
Mumbai -10121
Maharastra
...........Respondent(s)
APPEAL NO. 49 OF 2007
 
(Against the Order dated 13/11/2006 in Complaint No. 170/1997 of the State Commission Delhi)
1. STATE BANK OF INDIA
707, WILSHIRE BOULEVARD, STE 1995,
LOS ANGELES CALIFORNIA 90017-3587
-
...........Appellant(s)
Versus 
1. M/S. RACHAT EXPORTS AND ORS.
104, NAG RAJ APARTMENT, J-10, LAXMI NAGAR,
WEST HIGH COURTS ROAD,
NAGPUR - 440022
2. Phoneix Air Services
SF-8, Bhikaji Cama Place
New Delhi
3. Swift Fright Moovers
L-2, Ist Floor, Green Park Extension
New Delhi-110016
4. Punchline Clothing Co.
3838,m So Hill Street Los Angeles CA-90017
United State of America
5. Korean Airlines
303-304, Prakash Deep Building 7, Tolstoy Marg
New Delhi-110001
6. Korean Airlines
303-304, Prakash Deep Building 7, Tolstoy Marg
New Delhi-110001
7. Syndicate Bank
Kirti Nagar
New Delhi
8. State Bank Of India
International Division Central office post Box No .101201
Mumbai -400021
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :MR. S.L. GUPTA
For the Respondent :
For Respondent No.1 : Mr.Dinesh Kr. Gupta, Advocate
For Respondent No.6 : Mr.Balwinder Ralhan, Advocate
(in FA No.48/07)

Dated : 08 Oct 2012
ORDER

        Respondent No.1, being the complainant, is the only contesting respondent.  Notices were issued to all the respondents.  Respondent No.6 in F.A. 48/2007 is represented.  Other respondents are not either served or represented.  Since the appellant is not seeking any relief against the unserved/unrepresented respondents, service on them is dispensed with at this stage.

Even after hearing the counsel for the parties, we are unable to comprehend and understand the impugned orders.  Learned counsel for the parties are unable to explain the basis on which the State Commission has passed the orders.

        At this stage, counsel for Respondent No.1 submits that the impugned orders be set aside and the cases remitted back to the State Commission to decide them afresh, as he is unable to defend the orders passed by the State Commission. 

        Request made by the counsel for respondent No.1 is accepted.  Impugned orders are set aside and the cases are remitted back to the State Commission to decide them afresh in accordance with law.

        Parties, through counsel, are directed to appear before the State Commission on 22.11.2012.

        Since these are old cases, we would request the State Commission to dispose of the complaints as expeditiously as possible and preferably within a period of 6 months from the date of first appearance of the parties.

        All contentions are left open.

        Nothing stated herein be taken as an expression of opinion.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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