NCDRC

NCDRC

OP/456/2002

SHRI PURAN FINANCE & LEASING LTD. - Complainant(s)

Versus

ALLAHABAD BANK THROUGH ITS CHIEF MANAGER/ASSTT. GENERAL MANAGER - Opp.Party(s)

MR. B.K. MISHRA

24 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

CONSUMER CASE NO. 456 OF 2002

1. SHRI PURAN FINANCE & LEASING LTD. F - 21 SECTOR - 08 NOIDA U.P. THROUGH THEIR ATTORNEY SHRI ASHWINI GUPTA	...........Complainant(s)
Versus
1. ALLAHABAD BANK THROUGH ITS CHIEF MANAGER/ASSTT. GENERAL MANAGER INDUSTRIAL FINANCE BRANCH 17/90 MADRAS HOTEL COMPLEX CONNAUGHT PLACE NEW DELHI - 110 001	...........Opp.Party(s)

BEFORE:
	HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
	HON'BLE MR. S. K. NAIK, MEMBER

For the Complainant :

Mr. P.I. Jose, Advocate

For the Opp.Party :

Mr. Ashok Jain, Advocate

Dated : 24 May 2011

ORDER

After arguing the matter at some length, learned counsel for the complainant seeks to withdraw the present complaint with liberty to file a civil suit before a competent civil court. Counsel for the opposite party bank objects to this prayer on the premise that a civil suit was earlier filed by the complainant which was returned to him for presentation before the court of competent jurisdiction without any liberty and, therefore, no suit would lie at this stage after several years of the cause of action.  Without going into all these objections, we dismiss the complaint as withdrawn with the liberty to the complainant as aforesaid. It would be open for the complainant to take advantage of observations of the Supreme Court in the case of Laxmi Engineering Works vs. P.S.G. Industrial Institute [(1995) 3 Supreme Court Cases 583] seeking the exclusion of time taken in these proceedings. Parties are left to bear their own costs.

......................J

R. C. JAIN

PRESIDING MEMBER

......................

S. K. NAIK

MEMBER