NCDRC

NCDRC

FA/97/2007

STATE BANK OF INDIA AND ORS. - Complainant(s)

Versus

M/S. TRANSWORLD CLOTHING PVT. LTD. - Opp.Party(s)

MR. S.L. GUPTA

05 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 97 OF 2007
 
(Against the Order dated 16/11/2006 in Complaint No. 270/1996 of the State Commission Delhi)
1. STATE BANK OF INDIA AND ORS.
BRANCH AT A-5, NEW FRIENDS COLONY
NEW DELHI
-
2. State Bank of India (HQ )
11, Sansad Marg,
New Delhi -110001
3. Shri Surender Binati
Asstt General Manager State Bank of India ,A-5, New Friends Colony,
New Delhi
...........Appellant(s)
Versus 
1. M/S. TRANSWORLD CLOTHING PVT. LTD.
THROUGH ITS DIRECTOR
D-835, NEW FRIENDS COLONY
NEW DELHI
...........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 :
Mr.B.B. Sawhney, Sr.Advocate with
Mr.Sunil Kumar, Advocate

Dated : 05 Sep 2012
ORDER

          Counsel for the parties are agreed that the impugned order be set aside and the case remitted back to the State Commission to decide it afresh after recording firm finding on facts.  In the impugned order, the findings recorded by the State Commission are conjectural based on inferences.

          In view of the statement made by the counsel for the parties, impugned order is set aside and the case is remitted back to the State Commission to decide it afresh without being influenced by any of the findings recorded in the impugned order.

          All contentions are left open.

          Parties through their counsel are directed to appear before the State Commission on 25.9.2012.

Since this is an old matter, we would request the State Commission to dispose of the complaint on the basis of the evidence already present on record within a period of 6 months from the date of first appearance.

Parties shall not be permitted to lead additional evidence.

 

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

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