R.P. 30/2022

M.C.330/2022

                   Heard the learned counsel for the petitioner. It is submitted by the learned counsel for the petitioner that on 11.05.2022 without hearing the OP learned District Commission has passed interim order but disposed of the entire  interim application. He further submitted that there is outstanding of Rs.1,27,500/- and the complainant has been directed to deposit 50 % of the outstanding amount so that  vehicle would not be repossessed.

                  Considered the submission of learned counsel for the petitioner, perused the impugned order and appeal memo. It appears from the impugned order that notice has been  issued to  OP who is  present petitioner to explain the fact but at the same time disposed of the Misc.Case without giving any opportunity to OP of being heard. Any order must be speaking one. There is no reason to dispose  of the entire interim application without hearing the  present petitioner. Therefore, we are convinced that the interim order was legally  incorrect. Hence, we direct the learned District Commission to hear the present petitioner and complainant  and pass speaking order in accordance with law within 45 days from date of receipt of this order.  Till then the operation of the interim order be stayed. The  petitioner is directed to appear before the learned District Commission on 28.06.2022 to take further instruction.

           The revision petition is disposed of accordingly.

          Free copy of the order be supplied to the 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.