ORDER SHEETS
STATE CONSUMER DISPUTES REBRESSAL COMMISSION
A & N ISLANDS
PORT BLAIR
Original/Appeal Case No 2 of 2001
Present: 1. Justice D.K. Basu
President, State Commission.
2. D.P. Mukhopadhayay
Member, State Commission
Shri Sunit Moithy
Prop. M/S Sunil Auto Works
Junglighat, Port Blair ....Appellant
Vs
Shri Shantanu Biswas
Lower Grade Clerk
Port Management Board
A&N Islands
Port Blair . . . . Respondent
Mr. Arul Kr. Prasad. Advocate for Appellant
Mr. Krishna Rao Advocate for Respondent.
The Ld. Advocate for the respondent contended that comprising petition was filed before the Ld, Magistrate, First Class, Port Blair on 10th August, 2001. Ld. Magistrate was pleased to dispose of the application and the acquitted.
It is also submitted that the Ld Magistrate did not allow the respondent to recover the vehicle from the Aberdeen Police Station within the statutory period of preferring appeal. Hence, the respondent was required to wait till 10th September, 2001 and thereafter the necessary order could be passed to the Ld Magistrate for releasing the scooter from the Aberdeen Police Station.
The Ld. Advocate appearing for the appellant stated that his client, appellant is ready to file a petition before the Ld. Magistrate on Monday i.e. 27.8.2001 for releasing the scooter as the appellant is reluctant to file any appeal against the order of this to Magistrate. If this petition is filed on 27.8.2001, the Ld. Magistrate purely would be able to give a direction to the Investigation Officer or Station House Officer, Aberdeen Police Station for releasing the scooter and for handing over the scooter to the appellant Sunil Maithy.
On receipt of such order, S.H.O would be able to release the scooter to the appellant Sunil Maithy. The appeal though disposed of to 25th June, 2001 be treated as finally disposed of today. Copy of the order be supplied to the parties.
