| Revision Petition No. RP/10/2022 | | ( Date of Filing : 11 Feb 2022 ) | | (Arisen out of Order Dated 03/08/2021 in Case No. Complaint Case No. CC/17/2021 of District Nuapada) |
| | | | 1. The Area Business Manager, Cholamandalam Investment & Finance Co. Ltd | | A.S.V. Adarsh Tower-719, Pathari Road, Annasalai, Chennai. | | 2. A.B.M., Cholamandalam Investment and Finance Companty Limited.., | | Khariar Road, Anish Hotel, Po- Khariar Road, Ps- Jonk, Dist- Nuapada. |
| ...........Appellant(s) | |
| Versus | | 1. Sambit Sekhar Mohanty, | | S/o- Prabhas Chandra Mohanty, R/o- Bhela, Po- Bhela, Ps- Komna, Dist- Nuapada, Ward No. 16, Shakti Para, Urkura, raipur, CG. | | 2. Dinesh Jain, | | Prop. Vardhaman Automotive, Vardhaman Ashok Leyland, Regd. Off. 45/10, Sadar Bazar, Opp. Gopal Mandir, Raipur(CG) | | 3. Abhinav Prateek, | | Zonal Maanager, Ashok Leyland, Jeet Tower, Great Eastern Road, Opp. Rajkumar College, Choubey- Colony, Ramkund, raipur, Chhatishgarh. |
| ...........Respondent(s) |
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| Final Order / Judgement | Learned counsel for the petitioner is present and filed petition for limitation .He submitted that the delay of 90 days is caused. awaiting for the final order of the learned District commission, For the same he cited a judgement of Hon’ble Supreme court of India “Suo Moto extending limitation” passed in civil appeal No. 03/20, to condone the delay. 2.Considered the submissions Delay is condoned. 3.Heard counsel for the petitioner on revision petition. Learned counsel for the petitioner submitted that learned District commission passed exparte order without giving opportunity to the present petitioner. He submitted that alter appearance of the O.P, no order was passed for the interim application . So, he submitted to set-aside interim order by allowing O.P to contest interim application 4. Considered the submission. perused the impugned order and other material on record . It appears Learned District Commission passed interim order exparte, although the written version and the objection have been filed. It is for the District commission to hear the matter and dispose of the interim application, Without entering to the merit of this case, the review petition is disposed of with direction to Learned District Commission to consider the petition and hear both parties and dispose of interim application in accordance with law within 30 days of receipt of this order . Till disposal of interim application the interim order not to collect the EMI from the Complainant as stated therein is stayed but rest of interim of order will continue . The petitioner is directed to appear before District Commission on 07-03-2022 for further instruction. | |
