Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of justice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | Administration of justice: Consumer complaint before National Commission against original opposite party no.1 and 2 – On the date of hearing, submission made by counsel of original party no.1 that matter was settled between the parties – On the next date of hearing, complainant made grievance that he was forced by the representatives of the two opposite parties to sign on blank papers and visits threatening him were made by their representatives to force him into a “settlement” – On 26.08.2021, National Commission directed the directors of the two companies to appear on the next date in person, either in physical hearing or through video conferencing with counsel to clarify their position with regard to these allegations – On next hearing, the director of original opposite party no.1 appeared through video conferencing – However, on behalf of original opposite party no.2, the authorised representatives and their counsel only appeared before the National Commission – The director did not appear as directed – Submission made on his behalf that application seeking exemption from appearance was moved which was pending in the Registry – On 3.9.2021, National Commission again directed the directors of both the companies to appear on next date – The director of original opposite party no.2 again did not appear – It was pointed out that against order dated 26.08.2021, a review application was filed which was pending – By order dated 16.9.2021, National Commission directed to issue bailable warrants against the director of original opposite party no.2 and directed his production before it on next date – Aggrieved original opposite party no.2 filed instant appeal – Held: The allegations made by the complainant were serious in nature – However, at the same time, the allegations were yet to be considered in detail by National Commission, after giving an opportunity to the opposite parties – The opposite parties were represented through their counsels and also through their authorised representatives – No specific allegations were recorded in order dated 26.08.2021 against the director of original opposite party No.2 – Even the review application against order dated 26.08.2021 was pending before the Tribunal – Therefore, in the facts and circumstances of the case, issuance of bailable warrant was not warranted at this stage – Bailable warrants are to be issued as a last resort and only where it is found that the opponent parties are not cooperating at all and that they are avoiding appearance deliberately and/or they are not represented at all either through their authorised representative or through their counsel – Orders dated 26.08.2021, 03.09.2021 and 16.09.2021 are quashed – At this stage, original opposite party No.2 is permitted to be represented through authorised representatives and through counsel – However, it will be open for the National Commission to require the presence of the director of the appellant company, if required, in future. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 789 |
Petitioner | L & T Finance Ltd. |
Respondent | Pramod Kumar Rana & Anr. |
SCR | [2021] 11 S.C.R. 946 |
Judgement Date | 1996-02-20 |
Case Number | 5894-5895 |
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