Notice for final disposal returnable on 20.06.2012.
Ms.
Bhaya, learned advocate for the petitioner has relied upon the decision of Apex Court in case of U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad and decision of the Division Bench in case of Manoramaben Kansara wd/o. Balkrishna Kansara Vs. Madhya Gujarat Vij Company Limited and Ors, reported in 2011(2) GLH 563, in support of the submission that in case of theft there exits no jurisdiction in the Consumer Forum and therefore order is per-se without jurisdiction and hence, the same may be stayed.
The observation made by the Apex Court in the order relied upon unequivocally go to show that there exists now no controversy anymore in respect of present case if excluded from the jurisdiction of Consumer Forum. Hence, order passed prima-facie appears to be without jurisdiction and therefore, same is required to be stayed. The ad-interim relief is granted, whereby, the order impugned is stayed till the returnable date.
As this order is passed ex-parte, it is open for the respondents to approach the Court in case of difficulties even before the returnable date with an application to other side for vacation or modification of the order.
(S.R.BRAHMBHATT, J.) pallav Top