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A.B.C. India Ltd. vs Oriental Insurance Co. Ltd. and Another

Supreme Court Of India · Decided on 31 March 1997 · Citation: (1997) 10 SCC 462

HON’BLE JUDGES
S. C. Agrawal, J · G. T. Nanavati, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 2592 Of 1997
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Judgment

5 paragraphs · 332 words

S.C. Agrawal and; G.T. Nanavati, JJ.-Issue notice. Shri R.C. Mishra, the learned counsel, accepts notice on behalf of the respondents.

2.

Special leave granted.

3.

We have heard the learned counsel for the parties.

4.

This appeal arises out of proceedings initiated under Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") for the implementation of the direction given by the State Consumer Disputes Redressal Commission (hereinafter referred to as "the State Commission") in its order dated 4-9-1995. It appears that the appeal filed by the appellant against the said order is pending before the National Consumer Disputes Redressal Commission (hereinafter referred to as "the National Commission") but no order was passed staying the operation of the order dated 4-9-1995. In the circumstances the State Commission by its order dated 16-12-1996 has imposed a sentence of simple imprisonment of one month and a fine of Rs 2000 under Section 27 of the Act. The appeal filed against the said order has been admitted by the National Commission but stay of the order has been refused by the impugned order dated 15-1-1997.

5.

Shri Sorabjee, the learned Senior Counsel appearing for the appellant, states that the appellant shall deposit the principal amount payable in pursuance of the order dated 4-9-1995 passed by the State Commission within 15 days and the amount of interest shall be deposited within 3 months from the date of this order. In view of the said statement the order passed by the State Commission dated 16-12-1996 is stayed subject to the condition that the appellant will deposit the principal amount payable under the order of the State Commission dated 4-9-1995 within 15 days from the date of this order and the amount of interest shall be deposited in 3 months. In the event of failure on the part of the appellant to make the said deposit within this period the direction regarding stay will stand vacated. The appeal is disposed of accordingly. No costs.