Shiv Sai Construction Vs. M/S Libord Infotech Ltd. [2009] INSC 261 (9 February 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.835 OF 2009 (Arising out of S.L.P. (C) No.2599 of 2008) Shiv Sai Construction ...Appellant(s) Versus M/s. Libord Infotech Ltd. ...Respondent(s) With Civil Appeal No.836 of 2009 @ S.L.P. (C) No.2863/2008 and Civil Appeal No.837 of 2009 @ S.L.P. (C) No.3012/2008 O R D E R Leave granted.

Heard learned counsel for the parties.

By the impugned order, the National Consumer Disputes Redressal Commission [for short, `the National Commission'] dismissed the appeals filed by the appellant against the temporary injunction granted by Consumer Disputes Redressal Commission, Maharashtra [for short, `the State Commission'] in Miscellaneous Petitions No. 2561,2562 and 2564 of 2003 in Consumer Complaints No. 30,31 and 33 of 2001.

In the petitions for special leave it has been averred that the appeals were fixed on 16th November, 2007 only for directions and not for final disposal and without hearing the appellant, the National Commission dismissed the appeals and directed the State Commission to dispose of the complaints. In the Counter Affidavits filed on behalf of the respondent this assertion has not been denied. This being the position, the impugned order is liable to be set aside.

...2/- -2- Accordingly, the appeals are allowed, impugned order is set aside and the matters are remitted to the National Commission for disposal of the appeals in accordance with law after giving opportunity of hearing to the parties.

......................J. [B.N. AGRAWAL]

......................J. [G.S. SINGHVI]

New Delhi,

February 09, 2009.

 

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