Orissa

Jagatsinghapur

CC/150/2022

Ratiranjan Sahoo - Complainant(s)

Versus

SREI Equipment Finance Pvt Ltd - Opp.Party(s)

Mr.N.C.Dash

03 Sep 2022

ORDER

                                                                                             JUDGMENT

            Complainant is present through his Advocate. Opposite parties filed objection and produced order passed by the Hon’ble State C.D.R. Commission, Orissa, Cuttack in R.P. No.42 of 2022. The opposite parties have also filed order passed by Hon’ble High Court of Calcutta in AP/301/2019 in which following directions has been issued; 

            “This is an application under Section 9 of the Arbitration and Conciliation Act, 1996. By earlier order dated 4^th October, 2021 this Court had passed an order in terms of prayers (b) and (c) of the Notice of Motion. The Receiver has also been directed to take possession of the subject asset appearing at page 5 of the petition. Pursuant to the aforesaid, the Receiver has filed a report. Significantly, the respondent had also appeared in this matter and sought for time to take instruction as well as pay the dues of the petitioner.

            None appears on behalf of the respondents nor is any accommodation prayed for on their behalf.

            In view of the aforesaid, the Receiver is directed to sell the subject asset by public auction or private treaty and file a report on the returnable date.

            The question of handing over of the sale proceeds and confirmation of sale would be decided on the returnable date.

            The petitioner is directed to pay the Receiver an additional remuneration of 2000 gms until further orders.”

            The complainant has entered his appearance before the Hon’ble High Court of Calcutta in the aforesaid case. He has suppressed the said facts before this Commission for which this Commission vide order dt.24.6.2022 passed ex-parte interim order relying on the averments and submissions of the counsel.

            It is settled principle of law that the complainant has to come in clean hands. Since the complainant has approached this Commission suppressing the material facts and Hon’ble High Court of Calcutta is in sessions of the matter, we have no power to entertain this application.

            Besides, the above arbitration proceeding is also pending, before Hon’ble National Commission in the case of Vishnu Chandra Sharma Vrs. S.F.C. Ltd. and another 2017 (2) C.P. Act 2017 NC has held provisions of C.P. Act, 1986 cannot be used in derogation of Arbitration and Reconciliation Act.

            In view of the fact that Hon’ble High Court, Calcutta has already directed to sale the subject asset by public auction or private treaty and file a report on returnable date, the order passed by this Commission dt.24.6.2022 is none exist in the eye of law. As such the consumer complaint and misc case is dismissed for suppression of facts. No order as to cost.

            Pronounced in the open Commission on this 3^rd Sept., 2022.