Order no.2, dt. 12.9.2023

This case record is put up today in view of the put up petition filed by the complainant who is also the applicant of this MA case.

Heard Ld. Advocate for the complainant side.  Considered submission.

It appears from the case record that the admission hearing of this case has not yet been completed.  So the admission hearing matter is taken up for consideration at first.  Considering the prima facie case this case is admitted.

Fix 9.10.2023 for S/R and appearance.  Urgent requisites at once.

At this stage ld. Advocate for the complainant side moved the application filed under section 38(8) of Consumer Protection Act and praying for passing an order of ad interim order of injunction against the Ops in the matter of restraining them from realizing penalty amount.

Perused the petition filed under section 38(8) of the Consumer Protection Act and also examine the materials filed in C.C-165/2023.

After making scrutiny of the materials of this case record as well as of the case record of C.C-165/23 it is revealed that there is prima facie case in favour of the complainant, balance of convenience  and inconvenience is also in favour of the complainant/applicant side, there is also urgency of passing such order of ad interim injunction and if such order is not passed, the complainant / applicant shall suffer irreparable loss and injury and main purpose of passing such order would be defeated by delay.  So the OPs of this case are hereby restraining from realizing the penalty amount of Rs.262891.44/- from  the complainant and this order shall remain in force up to 9.10.2023.  Complainant/applicant is directed to comply the provisions of order 39 rule 3 of Civil Procedure Code.  Otherwise this ad interim order of injunction shall be recalled.