REVISION PETITION NO. 38 of 2019

Learned counsel for the revision petitioners is present.

Being aggrieved by ex parte interim order dated 26.3.2019 passed by the learned District Forum, Sundargarh – II, Rourkela in I.A.No. 31 of 2019 arising out of CC No. 43 of 2019, the revision petitioners have filed this revision u/s 17(b) of the C.P.Act.

The revision petitioners are the OPs whereas the OP in this revision is the complainant before the learned District Forum.

It is contended on behalf of the revision petitioners that by the ex parte interim order the learned District Forum has directed the revision petitioners to release the financed vehicle which has been repossessed by the OPs for default in payment of EMIs. It is contended that by passing the ex parte interim order the learned District Forum has exercised jurisdiction  which is not vested on the District Forum in view of bar of pecuniary jurisdiction. Also the vehicle was repossessed pursuant to the interim order dated 23.1.2019 passed by the learned Arbitrator appointed in accordance with the terms of the agreement between the parties.

It is strenuously contended by the learned counsel for the revision petitioners that before passing any order the learned District Forum ought to have examined the maintainability of the complaint.

On perusal of the impugned order, we find that the proceeding before the learned District Forum has been adjourned to 26.4.2019 for filing written version as well as objection to the interim application. In such circumstances, in the fitness of things the revision petitioners ought to have filed objection and written version before the learned District Forum objecting to the maintainability of the complaint instead of directly approach this Commission.

Accordingly, this revision petition is disposed of with a direction that in case the revision petitioners, file objection to the interim application and written version challenging the maintainability of the complaint on the above said grounds within a period of one week from today, the learned District Forum shall proceed to consider, and pass order on  the objection with regard to maintainability of the complaint within a period of 15 days thereafter after giving an opportunity of being heard to the parties.

The impugned ex parte order dated 26.3.2019 shall remain suspended till 10.5.2019 and shall be subject to the result of the order passed by the learned District Forum with regard to the maintainability of the complaint.