Assam

StateCommission

MA/141/2017

M/s Ghosh Brothers Automobiles - Complainant(s)

Versus

Sri Bablu Mahanta - Opp.Party(s)

Mr. A. K. Singh

05 Jan 2018

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Miscellaneous Application No. MA/141/2017
In
First Appeal No. A/17/2017
 
1. M/s Ghosh Brothers Automobiles
Workshop at N. H. No. 52, Haleswar, Tezpur
Sonitpur
Assam
2. M/s Ghosh Brothers Automobiles
Showroom at N. H. No. 52, Haleswar, Tezpur
Sonitpur
Assam
...........Appellant(s)
Versus
1. Sri Bablu Mahanta
S/o late Khagen Mahanta, R/o Vill- Ushanagar Bye Lane No. 27, Tezpur, P.S.-Tezpur
Sonitpur
Assam
2. Tata Motors Ltd.
One India Buls Centre, Tower 2 A and B, 20th Floor, 841, Senapati Bapat Marg, Jupiter Mills Compound, Elphinestone Road (West), Mumbai-400013
Maharastra
3. Tata Motors Finance Ltd.
Guwahati, 3rd Floor, The Oriental Insurance Company Building, G. S. Road, Ulubari, Guwahati-781007
Kamrup(M)
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE A. Hazarika PRESIDENT
 HON'BLE MS. Renu Prava Mahanta MEMBER
 
For the Appellant:Mr. O. K. Shrestha,Advocate, Proxy for Mr. A. K. Singh, Advocate for
For the Respondent:
Dated : 05 Jan 2018
Final Order / Judgement

               This is an application praying for stay of the judgment and order dated 17-3-2017 passed by the learned District Forum, Sonitpur, in CPA Case No. 7/2014. It has also been prayed in the Misc. Application that the warrant of arrest issued pursuant to the show cause notice dated 11-07-2017 issued by the learned District Forum be set aside.

              Heard Mr. O.K. Shrestha, learned counsel appearing for the applicant/appellant. After hearing the learned counsel appearing for the applicant/appellant and considering the entirety of the facts and circumstances of the case, it is provided that the operation of the impugned judgment and order dated 17-3-2017 passes by the learned District Forum, Sonitpur, in CPA Case No. 7/2014 shall remain stayed till disposal of the appeal subject to deposit of 25% of the awarded amount before the Registry of the Commission within two weeks from today.

               It may be mentioned herein that no warrant of arrest has been annexed with the Misc. Application though stay has been sought for such a warrant of arrest also. However learned counsel for the applicant/appellant has mentioned that the applicant/appellant has come to know that warrant of arrest has been issued in his name. Needless to say, since the Commission has already stayed the impugned order out of which the warrant of arrest ultimately emanates, therefore, there is no question of arresting the applicant/appellant based on the said order dated 17-03-2017 passes by the learned District Forum, Sonitpur, in CPA Case No. 7/2014 or the subsequent show cause notice dated 11-07-2017.

              Misc Case is allowed and disposed of accordingly.

 
 
[HON'BLE MRS. JUSTICE A. Hazarika]
PRESIDENT
 
[HON'BLE MS. Renu Prava Mahanta]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.