Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5232 OF 2008
(Arising out of S.L.P. (C) No.8903 of 2007)
Union of India through General Manager
and Ors. ...Appellant(s)
Versus
Vishal Kumar and Ors. ...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the parties.
th
By the impugned order passed on 5 April, 2006 in Revision Application
No.191 of 2006, the National Consumer Disputes Redressal Commission [for short,
`National Commission'] while issuing rule limited to the award of interest and
quantam of compensation, issued notice in the interim matter as well and thereafter,
st
by subsequent order passed on 31 July, 2006, interim order of stay has been also
passed. This appeal has been filed challenging both the orders.
st
So far as order dated 31 July, 2006, is concerned, we do not find any error
therein. However, in the facts and circumstances of the case, we are of the view that,
th
on 5 April, 2006, the National Commission should not have issued a limited rule in
the revision application but the same should have been open one.
....2/-
- 2 -
Accordingly, the appeal is allowed in-part and that portion of the order
th
dated 5 April, 2006, whereby limited rule has been issued is set aside and it is
directed that after service of notice, the revision application shall be disposed of by
the National Commission on merits in accordance with law after taking into
consideration all the points raised therein.
Needless to say that we should not be misunderstood to have expressed any
opinion one way or the other in relation to the merits of the cases of the parties in the
revision application.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New Delhi,
August 25, 2008.