Learned counsel for the Petitioner is present.
Learned counsel for the Opp.Party is present.
Heard learned counsel for both the parties.
It is submitted by the learned counsel for the petitioner that he could not remain present on dtd.19.04.2022 for which the interim application was not heard but the interim order passed by the District Commission on dtd.03.02.2022 was vacated. It is further submitted that if order dtd.19.04.2022 would not be revised or recalled, the pledged gold ornaments may be sold by the OP. Therefore, he seeks intervention of this Commission.
Learned counsel for the OP strongly opposed the contention of the learned counsel for the petitioner. He submits that since the complainant is a defaulter , rightly the interim order has been vacated.
Considered the submission of the learned counsel for the petitioner. Perused the interim order. The interim order is as follows:-
“The complainant is found absent on repeated calls and no steps has been filed on her behalf. Advocate for OP is present and submits that the complainant has no intention for hearing of the interim application and taking advantage of Interim Order she plying “Hide and seek” with the Hon’ble Commission. Therefore, it is prayed by the OP to vacant Interim Order dtd.03.02.2022.
Heard. Allowed. Considering the facts, the interim order passed on dated 03.02.2022 is hereby vacated and the interim application stands rejected.”
The above order shows that on 03.02.2022 there was interim order passed by the learned District Commission directing the OP not to put the gold ornaments into auction, thereafter the above interim order is passed. Atleast one chance should be given to the complainant to face the case. Therefore, we are of the view that learned District Commission would hear both the parties again and pass the fresh order. Both the parties are directed to appear before the learned District Commission on 16.06.2022 and take further instruction. Till then no coercive action would be taken by the OP.
The revision petition is disposed of accordingly.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.