Sri Shyamal Gupta, Member

Aggrieved with the impugned order, as above, this Revision is filed by M/s Shriram Transport Finance Co. Ltd.

The short case of the Revisionists is that the Ld. District Forum committed gross error while passing the impugned order, whereby the Ld. District Forum practically passed the final order ex parte without giving an opportunity to the Revisionists to place their case.  Further case of the Revisionists is that, while the Respondent No. 1 did not pay up the entire outstanding due, they were not in a position to issue NoC in favour of the Respondent No. 1, as directed by the Ld. District Forum.

Parties were heard in the matter and documents on record gone through thoroughly.

It appears from the copy of petition of complaint that the Respondent No. 1 filed the said case primarily for a direction to the Revisionists to issue NoC in his favour against receipt of actual remaining balance loan amount from him.

The petition u/s 13 (3B) was also moved by the Respondent No. 1 before the Forum below, thereby seeking almost identical relief, viz., NoC.

It appears that the record that the interim order was passed without hearing the other parties in the matter. This cannot be allowed. 

As the Revisionists had reasonable stake in the matter, it was highly improper to pass the impugned order without hearing other interested parties in the matter, on the basis of sheer averment of the Respondent No. 1. 

In view of this, we are constrained to set aside the impugned order.  The petition u/s 13 (3B) should be heard in presence of all stakeholders. Parties are directed to appear before the Ld. District Forum on 31.10.2019 for hearing of MA/279/2017 afresh.  Objection, if any, should be filed by the concerned parties on that day.

The Revision, accordingly, stands allowed.