Heard the learned counsel for the review petitioner. He submits that there are eleven days delay in filing the review petition due to official procedure and prays to condone the delay.
In view of the fact that the delay is only eleven days, we condone the delay without prejudice to the rights of the OP.
2. However, he submitted that the learned District Commission passed the impugned order on 05.9.2022 without hearing of the O.P not to seize the vehicle. He submitted that without giving opportunity the impugned order was passed exparte.The present petitioner who is the O.P in the complaint case. He submits that there is outstanding of Rs.38,71,521.37 against the complainant and the vehicle has already been seized, the impugned order was passed not to seize the vehiclewhich is illegal. So he submitted to interventionin the impugned order in the revision.
3. Considered the submission and perused the impugned order which is passed exparte U/S 38(8) of C.P.Act and the revision petition.
4. Considering the nature of the case, we do not want to interfere with the impugned order passed U/S 38(8) of C.P.Act.Therefore, we direct the present petitioner to place all the issues as submitted now before the learned District Commission who will hear on the interim petition and pass speaking order in accordance with law. Further, the learned District Commission is directed to dispose of interim petition on merit within a period of 30days from the date of receipt of this order.The petitioner is directed to appear before the learned District Commission on 04.01.2023 to receive further instruction from it.Till disposal of the petition, the impugned interim order dated 05.9.2022 passed in Misc. Case No. 38 of 2022 arising out of CC No. 68 of 2022 by the learned District Commission, Sundargarh – II, Rourkela shall not be given effect to.
Revision petition is disposed of accordingly.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.