Supplementary affidavit filed today may be kept on record.
Issue notice to the respondents.
The petitioner is permitted to serve respondents by registered post as well as by ordinary post. Steps be taken within one month. The respondents may file counter affidavit within one month. The petitioner will have two weeks thereafter to file rejoinder affidavit.
List thereafter.
The contention raised by the petitioner is that the District Consumer forum passed an order against the petitioenr exparte. On an application made the exparte order was set aside but on an appeal filed by the respondent before the State Consumer Forum, the appeal has been allowed only on the technical ground that the District Forum has got no power to restore the case in case it has been passed exparte or without an opportunity to the parties concerned.
Sri H.R. Misra Senior Advocate has placed reliance upon the case of Rabindra Singh Vs. Financial Cokmissioer, Cooperation, Punjab and others reported in (2008) 7 Supreme Court Cases 663 as well as on the case of Indian Oil Corporation Vs. Lakshmi Shankaranarayan and others reported in (1999) 9 Supreme Court Cases 27. Taking support of the aforesaid judgements, learned counsel for the petitioner submits that in spite of the fact that if there is no provision of restoration or review, Courts having its inherent power if comes to the conclusion that principle of natural justice has not been followed or proper opportunity has not been given, then on an application made by the aggrieved party, the order can be recalled. The points raised by Sri H.R. Misra, learned Senior Advocate needs consideration.
In view of the aforesaid fact, the petitioner is entitled for interim relief:
Till further orders of the Court, operation of the order dated 26.5.2010 (Annexure-1 to the writ petition) as well as in pursuance thereof any recovery shall remain stayed .
Order Date :- 30.6.2010 V.Sri/-