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MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PRIVATE LIMITED v. VIPUL SEHGAL

Supreme Court of India | Diary 10005/2022

Status

ROP - of Main Case

Decided On

Bench

HON'BLE MR. JUSTICE SURYA KANT and HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PRIVATE LIMITED

Respondent

VIPUL SEHGAL

Primary Holding

Upon compliance with the condition of depositing 50% of the awarded amount, an appellant before the consumer forum becomes entitled to have their first appeal decided on merits rather than being non-suited for non-compliance.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. OF 2022 arising out of SLP(C) No. 6387/2022 MANOHAR INFRASTRUCTURE AND Appellant(s) CONSTRUCTIONS PRIVATE LIMITED VERSUS VIPUL SEHGAL & ORS. Respondent(s) O R D E R Leave granted. In compliance of the Order dated 22.04.2022, the Appellant(s) has deposited 50 per cent of the awarded amount with State Consumer Dispute Redressal Commission. The deposit of the said amount has been duly acknowledged by the State Commission vide its Order dated 26.05.2022. In view of this, we partly allow this Appeal and modify the Order of the National Consumer Disputes Redressal Commission dated 14.03.2022 to the extent that, in view of above mentioned deposit made by the Appellant(s), let their first appeal(s) be decided on merits. We further direct that the amount deposited by the Appellant(s) with the State Commission be released in favour of the Respondents subject to such terms and conditions as may be imposed by the State Commission.

2 The Civil Appeal is disposed of on the aforestated terms. Pending application(s), if any, shall stand disposed of. ...................J. (SURYA KANT) ...................J. (ABHAY S. OKA) New Delhi 01 st August, 2022

3 ITEM NO.44 COURT NO.14 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6387/2022 (Arising out of impugned final judgment and order dated 14-03-2022 in IA No. 1/2022 passed by the National Consumers Disputes Redressal Commission, New Delhi) MANOHAR INFRASTRUCTURE AND Petitioner(s) CONSTRUCTIONS PRIVATE LIMITED VERSUS VIPUL SEHGAL & ORS. Respondent(s) Date : 01-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Pawan Kumar Ray, Adv. Mr. S. Nanda, Adv. Mr. Riju Mani Talukdar, Adv. Mr. Devendra Kumar Shukla, AOR For Respondent(s) Mr. Rajendra Sahu, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The Civil Appeal is disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of. (NISHA KHULBEY) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (signed order is placed on the file)

ITEM NO.16 COURT NO.3 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6387/2022 (Arising out of impugned final judgment and order dated 14-03-2022 in IA No. 1/2022 passed by the National Consumers Disputes Redressal Commission, New Delhi) MANOHAR INFRASTRUCTURE AND CONSTRUCTIONS PRIVATE LIMITED Petitioner(s) VERSUS VIPUL SEHGAL & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 22-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Siddarth, Sr. Adv. Mr. Pawan Kumar Ray, Adv. Mr. Ritesh Khare, Adv. Mr. Devendra Kumar Shukla, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R It is urged before us that the statutory mandate is to deposit 50 per cent of amount only. Issue notice, returnable within three weeks. Dasti, in addition, is permitted. Stay of operation of the impugned judgment and order on condition that the petitioner shall deposit 50 per cent of amount within one week from today, failing which the interim protection stands vacated. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

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