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M/S. A.V.BEMARD & CO. versus THE PRESIDENT

High Court of Kerala

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M/S. A.V.BEMARD & CO. v. THE PRESIDENT - WP(C) No. 39558 of 2003(H) [2006] RD-KL 3676 (18 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 39558 of 2003(H)

1. M/S. A.V.BEMARD & CO.,
... Petitioner

Vs

1. THE PRESIDENT,
... Respondent

2. MR.SUBIN GEORGE,

3. M/S. E.I. DUPONT INDIA LTD.,

For Petitioner :SRI.KRISHNA PRASAD. S

For Respondent :SRI.T.R.RAVI

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :18/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.39558 of 2003 Dated 18th December, 2006.

J U D G M E N T

The challenge is on Ext.P5 order passed by the first respondent Consumer Disputes Redressal Forum, Ernakulam. The main allegation is that the order was passed without permitting the petitioner to have an effective hearing in the matter. There is no counter affidavit. Learned counsel appearing for the party respondents submits that even according to the petitioner, he was given an opportunity to submit argument notes. Accordingly, the same was submitted also. The grievance is that without adverting to any of his submissions in the argument note, an order was passed. Still further, it is contended that argument notes are directed to be filed without the hearing. It is not intended to substitute the hearing. In the facts and circumstances of the case, I am of the view that it is only in the interests of justice that a fresh opportunity is given to the petitioner, so that the grievance can be redressed by the Forum itself. I quash Ext.P5. Fresh orders shall be passed within four months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 18th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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