Revision No. 28 of 2020

Supertech Township Project Ltd. vs. Vikram Rana & anr.

10.9.2020

ORDER

          Ld. Counsel Mr. Sarvesh Kumar Sharma appeared for revisionist.

Heard ld. Counsel for revisionist and perused impugned order dated 31.5.2019 whereby District Forum held service of notice sufficient on opposite parties and passed further order to proceed exparte on the same date.

It is contended by ld. Counsel for the revisionist that impugned order dated 31.5.2019 has been passed by the President himself. The quorum of the Forum was incomplete. Therefore, the impugned order passed by the President of the District Forum is without jurisdiction.

It is contended by ld. Counsel for the revisionist that the District Forum has held service of notice sufficient on opposite parties on 31.5.2019 and passed further order to proceed exparte on the same date without giving opportunity of filing written statement to revisionist.

It is further contended by ld. Counsel for revisionist that the complaint filed before the District Forum is not maintainable before District Forum. Revisionist has already filed objection before the District Forum regarding maintainability of complaint.

We have considered the submissions made by ld. Counsel for the revisionist.

Impugned order dated 31.5.2019 has been signed by the President of the District Forum alone. No other member of the District Forum has signed this order.

Secondly, the District Forum has held service of notice sufficient on opposite parties on 31.5.2019 and thereafter, passed further order to proceed exparte without affording any opportunity of written statement.

In view of above, revision petition is disposed of finally without notice to opposite parties.

The impugned order dated 31.5.2019 passed by the District Forum is set aside with direction to the District Forum to give opportunity to revisionist to file written statement and to proceed further in accordance with law.

(2)

It is clarified that if any objection regarding jurisdiction of the District Forum is raised by the revisionist before the District Forum, the District Forum shall decide the objection at an early date before proceeding further.

(Justice Akhtar Husain Khan)               (Sushil Kumar)    

               President                                           Member                           

Jafri PA II

Court No.1