R.P.78/2022

M.C.886/2022

                           Learned counsel for the  Petitioner  is present and submitted that learned District Commission  disposed of  U/S-38 of the C.P.Act,2019 directing the OP  to release  the vehicle  subject to receipt of defaulted  EMI  from the complainant. His grievance is that he has filed written version and objection and without taking  same into consideration started execution proceeding against petitioner  for which learned counsel for the petitioner  has  filed the Misc.Case to  stay the execution proceeding  which has been passed by the learned District Commission. Therefore, he submits to direct for  hearing of the complaint case instead of implementing  the ex-parte order.

                         He also submits that the complainant is not  paying the EMI regularly.

                      Considered the submission,perused impugned order dtd.26.10.2022. We are not inclined to interfere with  same but we direct the petitioner  to raise all these submissions before the learned District Commission who would  consider same alongwith the maintainability of the complaint and dispose of the complaint in accordance with law within a period of 45 days from dtd.26.12.2022 when the impugned order  would  be produced before the learned District Commission. In the meantime, complainant will continue to pay EMI for avoiding the further breach  of agreement if any.  Till disposal of the complaint  the order dtd.26.10.2022 . will not be given effect to.

                     The revision petition is disposed of accordingly.

                    Free copy of the order be  supplied to respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.